IN THE CASE OF:	  

		BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100009905 


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 the Bronze Star Medal (BSM) and a Letter of Appreciation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states a BSM and Letter of Appreciation he received should be added to his DD Form 214.  

3.  The applicant provides his DD Form 214; BSM orders; and a Letter of Appreciation, dated 27 September 1971, in support of his application. 

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’s record shows he enlisted in the Regular Army on 23 October 1968 and was trained in and awarded military occupational specialty (MOS) 31B (Field Radio Mechanic).  

3.  The record shows the applicant served in the Republic of Vietnam (RVN) from 5 July 1969 through 28 December 1970 and served with Headquarters and Headquarters Company (HHC), 3rd Battalion, 1st Infantry Regiment, 23rd Infantry Division.  

4.  The applicant’s record contains Headquarters, 23rd Infantry Division General Orders (GO) Number 00541, dated 14 January 1971.  These orders awarded the applicant the BSM for his meritorious service in the RVN. 

5.  The record also contains Headquarters, Americal Division GO Number 1690, dated 20 February 1970 and GO Number 12015, dated 6 September 1970.  These orders awarded the applicant the Army Commendation Medal (ARCOM) for meritorious achievement during the periods 1 December 1969 through         15 February 1970 and from 1 May through 31 August 1970, respectively, while he was serving with HHC, 3rd Battalion, 1st Infantry Regiment in the RVN.  

6.  The applicant’s record is void of a DA Form 20 (Enlisted Qualification Record) containing the specific conduct and efficiency ratings he received while serving on active duty. The record does contain a DA Form 137 (Installation Clearance Record), dated 23 February 1972, that was prepared during his separation processing at Fort George G. Meade, Maryland.  This document contains an entry in remarks showing the applicant received “excellent” conduct and efficiency ratings and that confirms he was recommended for the Army Good Conduct Medal (AGCM) by his unit commander.  His record is void any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM) 

7.  On 21 December 1971, the applicant was honorably released from active duty (REFRAD), in the rank of specialist five/E-5 (SP5/E-5), after completing 3 years, 
1 month, and 29 days of active military service. 

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant upon his REFRAD shows he earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with 60 Device
* ARCOM
* 3 Overseas Service Bars 
* Marksman Marksmanship Qualification Badge with Rifle Bar.

9.  Item 26a (Non Pay Periods/Time Lost) of the applicant’s DD Form 214 contains the entry “None” and there is no derogatory information on the DD Form 214 that would have precluded award of the AGCM.  

10.  The applicant provides an unsigned Letter of Appreciation, dated 
27 September 1971.  In this letter, his unit commander complimented him for his participation in a training program with the 259th Military Intelligence Detachment and the First United States Army during the periods 10-24 July and 23-26 August 1971.  

11.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy.  Paragraph 2-13 provides guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVM.  

12.  Table B-1 of the awards regulation provides a list of campaigns and shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the Vietnam Summer-Fall 1969 (9 June-31 October 1969) and Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970) campaigns.  

13.  Paragraph 3-17 of the awards regulation contains guidance on the ARCOM.  It states an Oak Leaf Cluster is awarded to denote the second or subsequent award of the ARCOM.  

14.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period.    Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

15.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant's unit (3rd Battalion, 1st Infantry Regiment) received the Valorous Unit Award for the period 11 through 31 August 1969 which was authorized in Department of the Army General Order 48, issued in 1972; and the RVN Gallantry Cross with Palm Unit Citation.

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for entering awards specifies that all awards authorized and contained in the order of precedence in the Army’s awards regulation will be entered.  There are no provisions for entering letters or certificates of appreciation, achievement, or commendation on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the BSM should be added to his DD Form 214 has been carefully considered and found to have merit.  The applicant’s record contains orders issued by the 23rd Infantry Division that awarded the applicant the BSM for meritorious service in the RVN.  As a result, it would be appropriate to add this award to his DD Form 214.

2.  The applicant was twice awarded the ARCOM.  His DD Form 214 shows only one ARCOM.  It should be corrected to show two ARCOMS.

3.  Although the applicant’s DA Form 20 identifying specific conduct and efficiency ratings is not in his record, the record does contain a DA Form 137 prepared during the applicant’s separation processing.  This document includes the unit’s commander’s assignment of “excellent” conduct and efficiency ratings and his recommendation that the applicant be awarded the AGCM.  All of the applicant’s other records are void of derogatory information or a unit commander disqualification that would have disqualified the applicant from receiving the AGCM.  

4.  Further, his DD Form 214 issued to him at the time of his separation confirms he accrued no time lost and the separation document is also void of any derogatory information that would have prevented award of the AGCM.  The record confirms the applicant distinguished himself through his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service, as evidenced by the absence of derogatory information and his receipt of two awards of the ARCOM for meritorious achievement and the BSM for meritorious service.  Therefore, based on the recommendation of his unit commander 


contained in the DA Form 137 in his record, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from
23 October 1968 through 22 October 1971 and to add it to his record and 
DD Form 214.  

5.  The record also shows that based on his service and campaign participation in the RVN, he is eligible for the VUA, RVNGC with Palm Unit Citation and 
2 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214. 

6.  The applicant’s contention that a letter of appreciation he received should be added to his DD Form 214 was also carefully considered.  However, the  governing regulation does not authorize the addition of letters or certificates of appreciation, achievement or commendation to the DD Form 214.  As a result, it would not be appropriate to grant this portion of the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 23 October 1968 through 22 October 1971; and 

   b. amending item 24 of his DD Form 214 by deleting the current Vietnam Service Medal entry and replacing it with the entry Vietnam Service Medal with 2 bronze service stars, deleting the Army Commendation Medal entry and replacing it with the entry Army Commendation Medal 1st Oak Leaf Cluster (2nd Award), and adding the Bronze Star Medal, Army Good Conduct Medal, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  
2.  The Board further determined that 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 adding a letter of appreciation to the DD Form 214.  



      __________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)                                         AR20100009905



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ABCMR Record of Proceedings (cont)                                         AR20100009905



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