BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100010861 


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 the Bronze Star Medal, the Army Commendation Medal with "V" Device, and any other unit awards as a result of his service in Vietnam. 

2.  The applicant states the awards were received after his discharge but they are not reflected on his DD Form 214. 

3.  The applicant provides the following documents:

* A copy of General Orders Number 3376 and certificate awarding him the Army Commendation Medal with "V" Device
* A copy of a certificate and a citation awarding him the Bronze Star Medal
* An extract of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)

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 records show he was inducted into the Army of the United States on 9 August 1967 and held military occupational specialty 13B (Field Artillery Crewmember).  His records also show he served in the Republic of Vietnam from on or about 18 January 1968 to on or about 18 March 1969.  He was assigned to Battery D, 8th Battalion, 6th Artillery, 1st Infantry Division.

3.  He was honorably released from active duty in the corporal (CPL)/E-4 on 21 March 1969 and he was transferred to the U.S. Army Reserve to complete his Reserve obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

5.  Headquarters, 1st Infantry Division, General Orders Number 3376, dated 1 May 1969, awarded him the Army Commendation Medal with "V" Device for heroism on 25 February 1969.

6.  His records do not contain official orders awarding him the Bronze Star Medal. Additionally, 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 official orders for the Bronze Star Medal.

7.  He submitted a copy of a certificate dated 20 April 1969, awarding him the Bronze Star Medal for meritorious achievement from January 1968 to March 1969 and an accompanying citation showing award of the Bronze Star Medal for meritorious service during the same period.  The period of service shown on the certificate and citation coincide with his service in Vietnam. 

8.  The signature shown on the certificate that awarded him the Army Commendation Medal for "V" Device appears to be the same as that shown on his Bronze Star Medal certificate. 

9.    A review of the applicant's records indicates his entitlement to additional awards which are not listed on his DD Form 214.

10.  Headquarters, U.S. Army Training Center, Fort Campbell, KY, Special Orders Number 232, dated 26 September 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  Headquarters, Department of the Army, published the following orders awarding the 8th Battalion, 6th Artillery the following unit awards:

* General Orders Number 42, dated 1969, the Meritorious Unit Commendation for service from 1 July 1967 to 31 March 1968
* General Orders Number 21, dated 1969, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to  16 October 1968
* General Orders Number 53, dated 1970, the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for service from 1 October 1965 to 7 April 1970

12.  Appendix B of Army Regulation 600-8-22 shows he participated in six campaigns during his service in Vietnam: Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968); TET Counteroffensive (30 January 1968 to 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969); and TET 69 Counteroffensive (23 February 1969 to 8 June 1969).  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 denotes five bronze service stars.

13.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualifying 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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Bronze Star Medal, Army Commendation Medal with "V" Device, and any Vietnam unit awards. 

2.  General orders awarded him the Army Commendation Medal with "V" Device for heroism which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.  

3.  He provides a certificate and a citation showing award of the Bronze Star Medal.  The period of service shown on both documents is consistent with his service in Vietnam.  Additionally, the approval authority on the certificate is identical to that shown on another certificate that awarded him the Army Commendation Medal with "V" Device.  It is unclear if the orders were published or if they were misplaced.  Nevertheless, there is sufficient evidence to show he was awarded the Bronze Star Medal and should therefore be entitled to correction of his DD Form 214 to show it. 

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, his records show he participated in six campaigns while serving in Vietnam.  Therefore, he is entitled to award of a silver service star and a bronze service star to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show it.

5.  General orders awarded his unit the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation; however, only the Republic of Vietnam Gallantry Cross with Palm Unit Citation is listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the other two unit awards. 

6.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge. 

7.  The evidence of record confirms he served honorably from 9 August 1967 through 21 March 1969.  He received "excellent" conduct and efficiency ratings throughout his military service, attained the rank/grade of CPL/E-4, and was awarded multiple combat awards.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

____x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:

	a.  awarding him the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 August 1967 through
21 March 1969; and

	b.  adding to his DD Form 214 the Good Conduct Medal (1st Award), Bronze Star Medal, Army Commendation Medal with "V" Device, Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-14), and a silver service star and a bronze service star to be affixed to his already-awarded Vietnam Service 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)                                         AR20100010861



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ABCMR Record of Proceedings (cont)                                         AR20100010861



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