BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100018014 


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 (Report of Transfer or Discharge) to show award of the Bronze Star Medal.

2.  The applicant states:

* He does not have any orders
* His DD Form 214 does not show the Bronze Star Medal for his service in Vietnam
* He remembers being awarded the Bronze Star Medal by the company commander in November 1968   

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 6 June 1967 for a period of 
3 years.  He served as a light weapons infantryman assigned to Company D, 4th Battalion, 9th Infantry of the 25th Infantry Division in Vietnam from 18 December 1967 through 1 December 1968.  On 5 June 1970, he was released from active duty in the rank of sergeant after completing 3 years of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, and Expert Marksmanship Qualification Badges with Rifle (M-14 and M-16) and M-60 Machinegun Bars as authorized awards.

4.  Headquarters, 25th Infantry Division General Orders Number 7726, dated 
30 October 1968, show the applicant received the Bronze Star Medal for meritorious service during the period December 1967 to December 1968 in Vietnam. 

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

6.  Records show the applicant participated in five campaigns during his assignment in Vietnam.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit, 4th Battalion, 9th Infantry, at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 to August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973


8.  Department of the Army Pamphlet 672-3 shows the applicant's unit, 4th Battalion, 9th Infantry, at the time of his assignment was also awarded the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971

9.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.  A silver service star will be worn instead of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  The applicant was released from active duty in the rank of sergeant with 
3 years of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  Therefore, it appears he met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 6 June 1967 through 5 June 1970.  



3.  The applicant's DD Form 214 shows the Vietnam Service Medal with two bronze service stars.  However, he participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's unit, 4th Battalion, 9th Infantry was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show two unit awards.

5.  The applicant's unit, 4th Battalion, 9th Infantry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit 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 him the first award of the Good Conduct Medal for the period 
6 June 1967 through 5 June 1970; 

	b.  deleting the entry "Vietnam Service Medal w/2 Bronze Service Stars" in item 24 of his DD Form 214; and   






	c.  adding the Good Conduct Medal, Bronze Star Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214.     




      _______ _   _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)                                         AR20100018014





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100018014



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1