IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100010910 


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 that be awarded the Good Conduct Medal and two "Bronze Stars."

2.  In as much as the applicant's DD Form 214 (Report of Transfer or Discharge) currently shows award of two Bronze Star Medals [Bronze Star Medal with Oak Leaf Cluster], it is reasonable to assumed that the applicant is requesting two bronze service stars to denote campaign periods on his Vietnam Service Medal.

3.  The applicant states he is entitled to award of the Good Conduct Medal and two bronze service stars.  He would like these items added to his DD From 214.

4.  The applicant provides a copy of his DD From 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 enlisted in the Regular Army on 29 August 1968, completed training, and was awarded the military occupational specialty 11C (Indirect Fire Crewman).

3.  Headquarters, 25th Infantry Division General Orders Number 574, dated 19 January 1970, awarded the applicant the Bronze Star Medal for meritorious achievement for the period from 27 November 1969 through 30 December 1969.

4.  Headquarters, 25th Infantry Division General Orders Number 949, dated 24 January 1970, awarded the applicant the Bronze Star Medal with first Oak Leaf Cluster for meritorious service for the period from March 1969 through March 1970.

5.  The applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 28 August 1970.  He had 2 years of creditable service on active duty with no time lost.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal with 1st Oak Leaf Cluster, and the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  On 24 June 2009 a DD From 215 (Correction to the DD Form 214) was issued awarding the applicant the Combat Infantryman Badge.

7.  His DA Form 20 (Enlisted Qualification Record) provides the following information:

* promotion to sergeant (E-5) on 8 January 1970
* qualification as an expert on the M-14 rifle 
* qualification as a sharpshooter with the 81 mm mortar
* service in Vietnam from 6 March 1969 through 5 March 1970
* Vietnam service with Company E, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division
* conduct and efficiency ratings of exclusively excellent
* participation during two campaign periods
* award of the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Bronze Star Medal, Bronze Star Medal with 1st Oak Leaf Cluster, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar
8.  The record contains no indication of any derogatory entries, disciplinary actions, or court-martial actions.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 2nd Battalion, 27th Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 September 1968 - 30 September 1970 by Department of the Army General Order Number 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 - 21 January 1970 by Department of the Army General Order Number 51, dated 1971.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  At that time, a disqualification was noted on the DA Form 20.

11.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods:  the Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969; the Vietnam Summer – Fall 1969, 9 June 1969 – 31 October 1969; and the Vietnam Winter–Spring 1970; 1 November 1969 – 30 April 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he is entitled to award of the Good Conduct Medal and two bronze service stars.  He would like these items added to his DD From 214.
2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 29 August 1968 through 28 August 1970.

3.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.  It is appropriate to correct the record to reflect these awards.

4.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Mortar Bar.  It is appropriate to correct the record to show this award.

5.  In addition to the awards listed on the DD Form 214, that applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It is appropriate to correct the record to show these awards.

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 all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Good Conduct Medal for his period of service from 29 August 1968 through 28 August 1970; 

	b.  voiding the entry on the DD Form 214 for award of the Vietnam Service Medal; and 

	c.  showing that, in addition to the awards listed on the DD Form 214, the applicant is also authorized the Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Sharpshooter Marksmanship Qualification Badge with Mortar Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  



      __________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)                                         AR20100010910





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ABCMR Record of Proceedings (cont)                                         AR20100010910



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