IN THE CASE OF:	  

		BOARD DATE:	    20 January 2011

		DOCKET NUMBER:  AR20100017438 


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) for the period ending 
15 December 1969 to show award of the Bronze Star Medal.

2.  He states, in effect, the Bronze Star Medal was omitted from his DD Form 214 at the time of discharge.

3.  He provides his DD Form 214 and Headquarters, U.S. Army Vietnam General Orders Number 4359, dated December 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 was inducted into the Army of the United States on 14 March 1968 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 04B (Translator).

3.  He arrived in Vietnam and was attached to the 7th Psychological Operations Battalion, on 21 March 1969.

4.  Headquarters, U.S. Army Vietnam General Orders Number 4359, dated December 1969, show he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period March through December 1969.

5.  He departed Vietnam on 14 December 1969.  On 15 December 1969, he was honorably released from active duty in the rank of specialist four (SP4)/E-4 after completing 1 year, 9 months, and 2 days of creditable active service.

6.  His DD Form 214 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

8.  Army Regulation 672-5-1 (Military 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.

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 that at the time of the applicant's attachment to the 7th Psychological Operations Battalion, it was cited for award of the:



* Meritorious Unit Commendation during the period 1 December 
1967 through 31 December 1968 based on Department of the Army General Orders (DAGO) Number 36, dated 1970
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation for the period 1 December 1967 through 1 November 1970 by DAGO Orders Number 6, dated 1974

10.  Department of the Army General Orders Number 8, 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.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Tet 69 Counteroffensive (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star Medal.  Therefore, his DD Form 214 should be amended by adding this award.

2.  He was separated in the rank of SP4 with 1 year, 9 months, and 2 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 14 March 1968 through 15 December 1969.  He should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214.

3.  He was assigned to a unit during a period of time the unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation.  His participated in three campaigns, therefore, he is eligible for three bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to show these awards.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to show this award.

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 Army Good Conduct Medal (1st Award) for the period 14 March 1968 through 15 December 1969; and 

	b.  amending item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 by adding:

* Bronze Star Medal 
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* three bronze service stars for wear on his already-awarded Vietnam          Service 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)                                         AR20100017438



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ABCMR Record of Proceedings (cont)                                         AR20100017438



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