IN THE CASE OF:	  

		BOARD DATE:	    5 October 2010

		DOCKET NUMBER:  AR20100010145 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal and Good Conduct Medal. 

2.  The applicant states he received these awards but they were not entered on his DD Form 214. 

3.  The applicant provides his Bronze Star Medal Certificate and associated Citation.

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 military records show he enlisted in the Regular Army on 8 February 1968.  He completed initial entry training, was awarded the military occupational specialty of stock control and accounting specialist, and was promoted to pay grade E-5. 

3.  His DA Form 20 (Enlisted Qualification Record) shows while he was in the Republic of Vietnam (RVN) he was assigned to Company C, 75th Support Battalion, 1st Brigade, 5th Infantry Division performing duties as a supply handler and repair parts specialist during the period 1 April 1969 to 23 October 1970.

4.  He was released from active duty on 30 October 1970 with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Reinforcement) after completing 2 years, 8 months, and 16 days of creditable active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Army Commendation Medal with 1st oak leaf cluster, two overseas service bars, and Sharpshooter Marksmanship Qualification Badge with Rifle bar (M-14).

6.  He provided a photocopy of a Bronze Star Medal Certificate and associated Citation.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Bronze Star Medal for meritorious achievement by proper authority.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for award of the Bronze Star Medal.

8.  His DA Form 20 does not show he was awarded the Bronze Star Medal.

9.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings and there are no adverse actions recorded in the available records and no disqualification by his chain of command.

10.  Department of the Army Pamphlet 672-3 Unit Citation and Campaign Participation Credit Register) shows the unit he was assigned to while serving in the RVN was awarded the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974 and the RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO 24, dated 1972. 

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Tet 69 Counteroffensive (23 February-8 June 1969), Vietnam Summer-Fall 1969 (9 June-31 October 1969), Vietnam Winter-Spring 1970        (1 November 1969-30 April 1970), DA Sanctuary Counteroffensive (1 May-       30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is awarded in place of five bronze service stars.

13.  Army Regulation 600-8-22 provides that formal recommendations, approval through the chain of command, and announcement in orders is required for all decorations and the Army Good Conduct Medal.

14.  Army Regulation 600-8-22 provides that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, there is no evidence of the award of the Bronze Star Medal other than the certificate and citation submitted by the applicant.  Since there are no orders or corroborating evidence to show he was awarded the Bronze Star Medal, there is an insufficient basis for adding this award to his DD Form 214.

2.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He also had "excellent" conduct and efficiency ratings throughout his tenure of service and there is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (first award) for the period 8 February 1968 to 23 October 1970 and add this award to his DD Form 214.

3.  The available records show the applicant was awarded the Vietnam Service Medal and that he participated in five campaigns while serving in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show he was awarded one silver service star to be worn on the Vietnam Service Medal.

4.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit; therefore, these unit awards should be added to his DD Form 214.

5.  In view of the foregoing, the applicant's records should be corrected as shown below.

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 (1st Award) for the period 8 February 1968 to 23 October 1970;

   b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding to his DD Form 214 the Army Good Conduct Medal, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and Vietnam Service Medal with one silver service star.

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 the Bronze Star Medal to his 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)                                         AR20100010145



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ABCMR Record of Proceedings (cont)                                         AR20100010145



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