IN THE CASE OF:	  

		BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100016994 


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 an additional Bronze Star Medal.  He also requests award of the Army Good Conduct Medal.

2.  He states he has orders for the Bronze Star Medal with First Oak Leaf Cluster.  He also states the Army Good Conduct Medal was authorized for less than 3 years of active service when approved by the commander.  He got out
6 weeks early to attend school.  Under the rules in effect at the time, even though he did not serve 3 complete years on active duty, he is eligible for the Army Good Conduct Medal.

3.  He provides copies of:

* General Orders 9942, Headquarters, 1st Infantry Division, dated             18 September 1968, awarding him the Bronze Star Medal with "V" Device
* General Orders 12429, same headquarters, dated 26 November 1968, awarding him the Bronze Star Medal with First Oak Leaf Cluster
* DD Form 214 for the period ending 15 August 1969

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 military records show he enlisted in the Regular Army in pay grade E-1 on 11 October 1966 for 3 years.  He served in Vietnam from 8 April 1967 to 14 November 1968.  He was assigned to the 71st Evacuation Hospital from 8 April 1967 through 31 May 1968 and Headquarters and Headquarters Company, 2nd Battalion, 18th Infantry, 1st Infantry Division, from 1 June 1968 through 11 November 1968.

3.  His records contain and he provided a copy of General Orders Number 9942, dated 18 September 1968, awarding him the Bronze Star Medal with “V” Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 17 August 1968.  This award is already shown on his
DD Form 214.

4.  His records contain and he provided a copy of General Orders Number 12429, dated 26 November 1968, awarding him the Bronze Star Medal with First Oak Leaf Cluster for meritorious service in the Republic of Vietnam from April 1967 to November 1968.  His records also contain the associated citation for this award.  This award is not shown on his DD Form 214.

5.  He was honorably early released from active duty (REFRAD) in pay grade E-5 on 15 August 1969 to attend school.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Bronze Star Medal with First Oak Leaf Cluster or the Army Good Conduct Medal.

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service, with a period of "unknown" for a 2-month period preceding his 

REFRAD.  There is no evidence of any disciplinary action during his period of active service. There also is no evidence of a commander's disqualification for award of the Army Good Conduct Medal.

8.  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.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn instead of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:

* Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

10.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

11.  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 units to which the applicant was assigned was cited for the following awards:

* 71st Evacuation Hospital – Meritorious Unit Commendation for the period 1 October 1967 - 31 August 1968 by Department of the Army General Orders (DAGO) 42, dated 1969
* 
2nd Battalion, 18th Infantry - Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 - 16 October 1968 by DAGO 21, dated 1969 and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 - 7 April 1970 by DAGO 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal with First Oak Leaf Cluster.  The evidence of record confirms he was awarded the Bronze Star Medal with “V” Device on 18 September 1968 and the Bronze Star Medal with First Oak Leaf Cluster on 26 November 1968.  However, his award of the Bronze Star Medal with First Oak Leaf Cluster is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to appropriately show both awards.

2.  The evidence of record shows he received "excellent" conduct and efficiency ratings through his service.  He attained the pay grade of E-5 and served in Vietnam from 1 April 1967 through 14 November 1968, earning several personal decorations.  There is also no evidence of any disciplinary actions or a commander's disqualification.  Based on completing a qualifying period of honorable service he is entitled to award of the Army Good Conduct Medal (First Award) for the period 11 October 1966 to 15 August 1969 and correction to his DD Form 214 to show this award.

3.  He participated in six campaigns while he served in Vietnam.  Therefore, he is entitled to award of one silver and one bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the addition of the service stars.

4.  The applicant served with his units in Vietnam during the time they were cited for award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  In view of the foregoing, his records should be corrected as recommended below.

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.  deleting from item 24 of his DD Form 214 the Bronze Star Medal with "V" Device and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (First Award) for the period 11 October 1966 to 15 August 1969; and

	c.  adding to Item 24 of his DD Form 214 the Bronze Star Medal (First Oak Leaf Cluster with “V” Device), Army Good Conduct Medal (First Award), Vietnam Service Medal with one silver service star and one bronze service star, Meritorious Unit Commendation, 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)                                         AR20100016994



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ABCMR Record of Proceedings (cont)                                         AR20100016994



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