BOARD DATE:	  4 November 2010

		DOCKET NUMBER:  AR20100013922 


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 while serving in the Republic of Vietnam (RVN).

2.  The applicant states the award was not recorded because of poor records processing by his unit's staff.

3.  The applicant provides a DD Form 214 and orders for the Bronze Star Medal.

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 was inducted into the Army of the United States on 12 January 1967.  He completed initial entry training and he was awarded military occupational specialty 11C (Indirect Fire Infantryman).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 14 June 1967 to 12 June 1968.  Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 12th Infantry while in the RVN.  It also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  Headquarters, 25th Infantry Division, General Orders Number 3597, dated 
14 May 1968, awarded the applicant the Bronze Star Medal for meritorious service during the period June 1967 to June 1968.

5.  His Official Military Personnel File (OMPF) is void of derogatory information or a unit commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.

6.  On 19 December 1968, he was honorably released from active duty by reason of expiration of term of service in the rank/grade of sergeant (SGT)/E-5.  He completed 1 year, 11 months, and 8 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar 
* National Defense Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Mortar Bar (81mm)

7.  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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the unit to which the applicant was assigned (2nd Battalion, 12th Infantry) was cited for the following unit awards:

* Valorous Unit Award for the period 31 January - 19 February 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 - 1 August 1967 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Bronze Star Medal has been carefully reviewed and found to have merit.

2.  General orders awarded him the Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and that his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his qualifying honorable active duty service from 12 January 1967 through 19 December 1968 and to correct his DD Form 214 accordingly.

4.  Based on his service with 2nd Battalion, 12th Infantry while in the RVN, the applicant is also entitled to the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and correction of his DD Form 214 to show these unit 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 him the Army Good Conduct Medal (1st award) for the period
12 January 1967 through 19 December 1968; and

	b.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (1st award), Valorous Unit Award, 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)                                         AR20100013922



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ABCMR Record of Proceedings (cont)                                         AR20100013922



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