BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100008175 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart, the Bronze Star Medal, and the Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, he would like all of his medals added to his DD Form 214.

3.  The applicant provides the following documents in support of his application:

* orders for award of the Purple Heart, dated 17 November 1969
* orders for award of the Army Commendation Medal, dated 25 September 1969
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 29 January 1968.  His highest rank/grade attained was sergeant (SGT)/E-5.

3.  The applicant was assigned to the Republic of Vietnam (RVN) from 22 July 1968 to 1 September 1969 with Troop B, 2nd Squadron, 1st Cavalry, 4th Infantry Division.

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Purple Heart, Bronze Star Medal, or Army Commendation Medal.

5.  The applicant departed Vietnam on 1 September 1969.  He received credit for participation in the following campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)

6.  He was honorably released from active duty on 1 September 1969 in the rank of SGT.  He completed 1 year, 7 months, and 3 days of active military service with no time lost.

7.  His DA Form 20 shows his conduct and efficiency ratings as "excellent."  He received a rating of "unknown" during one portion of his service while he was a student at Fort Knox, KY.  His service record does not contain any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Expert Marksmanship Qualification Badge with two Rifle Bars (M-14 and M-16) and Machine Gun Bar (M-60)
* two overseas service bars

9.  Headquarters, I Field Force Vietnam, General Orders Number 674, dated 25 September 1969, show the applicant was awarded the Army Commendation Medal for meritorious service in the RVN from September 1968 to September 1969.

10.  Headquarters, I Field Force Vietnam, General Orders Number 888, dated 17 November 1969, show the applicant was awarded the Purple Heart for wounds received on 7 July 1969 in the RVN.

11.  The applicant's service record does not contain orders for award of the Bronze Star Medal.

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

13.  Headquarters, Department of the Army, General Orders Number 8, dated 1974, awarded all units that served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

14.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement, or meritorious service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy, including combat, support, and supply operations.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

16.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Purple Heart and the Army Commendation Medal.  Therefore, these awards should be added to his DD Form 214.

2.  The applicant's service record does not include evidence which shows he was recommended for or awarded the Bronze Star Medal and he provides no such evidence.  Therefore, there is no basis for adding the Bronze Star Medal to his DD Form 214.

3.  The evidence of record does not show the applicant was disqualified from receiving the first award of the Army Good Conduct Medal for the period 29 January 1968 through 1 September 1969.  The applicant did not receive any disciplinary actions and was promoted to SGT during this period of service.  His service record shows he received "excellent" conduct and efficiency ratings and one rating of "unknown," which is not a disqualifying factor.  Therefore, it appears the applicant met the requirements for the first award of the Army Good Conduct Medal for the period 29 January 1968 through 1 September 1969 and correction of his records to show this award.

4.  The applicant's DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his Vietnam Service Medal.

5.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This award should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 29 January 1968 through 1 September 1969; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Bronze Star Medal.



      ___________x______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100008175



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)