IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100016747 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam (RVN).  He further requests correction to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 to add any and all medals he earned while he was in the RVN to include the Bronze Star Medal.

2.  He states, in effect, his RVN service and awards were not listed on his DD Form 214 when he left the RVN and the U.S. Army.

3.  He provides no additional documents in support of this 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's records show he was inducted into the Army of the U.S. on 24 February 1971.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* item 31 (Foreign Service) – Shows he arrived in the RVN on 24 August 1971
* item 38 (Record of Assignments) – Company A, 2nd Battalion, 327th Infantry Regiment from 5 September 1971 to 17 September 1971
* item 38 Company E, 2nd Battalion, 327th Infantry Regiment from 18 September 1971 to 13 April 1972
* item 38 – "excellent" conduct and efficiency ratings
* item 39 (Campaigns) –unnamed
* item 41 (Awards and Decorations) National Defense Service Medal, Vietnam Service Medal (VSM), and Combat Infantryman Badge

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal among his authorized awards.

5.  There are no orders in the applicant's personnel records awarding him the Bronze Star Medal.

6.  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 U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

7.  On 24 February 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed a total of 2 years of active service.  

8.  His DD Form 214 contains the following pertinent information:  

* item 22c (Foreign and/or Overseas Service) shows he served in the U.S. Army Pacific Command for 7 months and 20 days
* item 24 shows the National Defense Service Medal, VSM, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* item 30 (Remarks) shows he served in the RVN from 24 August 1971 to 13 April 1972

9.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.
10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in the RVN he participated in three campaigns:  the Consolidations I and II and the Vietnam Cease Fire campaigns.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.

12.  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 unit to which the applicant was assigned was cited for award of the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974, for the period 18 April to 31 August 1971.

13.  Army Regulation 600-8-22 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.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows he served honorably from 24 February 1971 to 13 April 1972 and he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the AGCM. Therefore, it would be appropriate to award the applicant the AGCM (1st Award) and correct his DD Form 214 to show this medal.

2.  General orders also show the unit to which the applicant was assigned was awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  Records show the applicant participated in three campaigns during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be worn on his already-awarded VSM.

4.  His DD Form 214 clearly shows he served in the RVN during the period 24 August 1971 to 13 April 1972, for a total of 7 months and 20 days.  Therefore, there is no need for further correction to properly show his RVN service. 

5.  There is also no evidence available nor did the applicant provide any evidence that shows he is entitled to award of the BSM.  In the absence of such evidence, there is no basis to grant award of the BSM.

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:

	a.  awarding him the AGCM (1st Award) for the period 24 February 1971 to 13 April 1972;

	b.  deleting the VSM from his DD Form 214;

	c.  adding the AGCM (1st Award), VSM with three bronze service stars, and RVN Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214; and

	d.  providing him a document to show the above corrections.







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 he is authorized the Bronze Star Medal and further correction of his RVN service.



      ____________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)                                         AR20100016747



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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