IN THE CASE OF:	  

		BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100012812 


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 a second award of the Bronze Star Medal and the Army Good Conduct Medal.

2.  The applicant states:

* he was awarded two awards of the Bronze Star Medal, but his DD Form 214 shows one award
* he was awarded the Army Good Conduct Medal, but his DD Form 214 does not show this medal
* he would like the medals and a new DD Form 214

3.  The applicant provides no documentary evidence 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 enlisted in the Regular Army on 16 February 1968 for a period of 3 years.  He arrived in Vietnam on 11 July 1968.  He served as a light truck driver assigned to Company B, 23rd Supply and Transport (S&T) Battalion, Americal Division, in Vietnam from 25 July 1968 through 7 August 1968.  He was assigned to Headquarters and Headquarters Company, 23rd S&T Battalion, Americal Division, in Vietnam from 8 August 1968 through 7 March 1969.  He was assigned to Company B, 23rd S&T Battalion, Americal Division, in Vietnam from 8 March 1969 through 10 July 1969.  On 12 February 1971, the applicant was honorably released from active duty in the rank of sergeant after completing 2 years, 11 months, and 27 days of creditable service with no lost time.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge and Bronze Star Medal as authorized awards.

4.  Orders show the applicant received the Bronze Star Medal for meritorious service for the period July 1968 to July 1969.  However, there are no orders for a second award of the Bronze Star Medal in the applicant's service personnel records.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to a second award of the Bronze Star Medal.

6.  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 a second award of the Bronze Star Medal.

7.  There are no orders for the first award of the Army Good Conduct Medal in the available records.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

8.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 23rd S&T Battalion was awarded the Meritorious Unit Commendation for actions during the period 1 January 1968 to 31 August 1969 based on Department of the Army General Orders (DAGO) Number 53, dated 1970.

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  A DA Form 1577 (Authorization for Issuance of Awards), dated 19 November 1987, shows the applicant was issued the Bronze Star Medal and the Army Good Conduct Medal.

12.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The regulation also states that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

14.  Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded two awards of the Bronze Star Medal.  However, there are no orders for a second award of the Bronze Star Medal in the available records and the applicant did not provide any orders for a second award of the Bronze Star Medal.  Therefore, there is insufficient evidence on which to base adding a second award of the Bronze Star Medal to his DD Form 214.

2.  The applicant contends he was awarded the Army Good Conduct Medal and the DA Form 1577 shows he was issued the medal in 1987.  The evidence of record shows he was separated in the rank of sergeant with almost 3 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 16 February 1968 through 12 February 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's unit was cited for award of the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  DAGO Number 8, dated 1974, authorized all units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's assignment to Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to add this foreign unit citation.

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 adding the Army Good Conduct Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214 and by providing him a corrected copy showing these awards.

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 amending his DD Form 214 to show a second 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)                                         AR20100012812



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ABCMR Record of Proceedings (cont)                                         AR20100012812



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