IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100018509 


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 or Transfer or Discharge) to reflect two awards of the Bronze Star Medal (BSM with 1st Oak Leaf Cluster) and his two tours in Vietnam.

2.  The applicant states that he received two awards of the BSM and he served two tours in Vietnam; however, no awards of the BSM are reflected on his DD Form 214 and only one tour in Vietnam is entered on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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 21 October 1966 for a period of 3 years.  He completed all of his training at Fort Campbell, KY and was transferred to Germany on 15 March 1967 for duty as a supply clerk.

3.  On 10 November 1967 he was transferred to Vietnam for assignment to Headquarters and Headquarters Company (HHC), 1st Battalion, 14th Infantry Regiment.  He was promoted to the rank of sergeant on 26 July 1968.  He departed Vietnam on 2 November 1968 and he was transferred to Fort Leonard Wood, MO.

4.  On 19 July 1969 he was again transferred to Vietnam for assignment with HHC, 4th Battalion, 3rd Infantry, 11th Brigade.  On 5 November 1969 he was promoted to the rank of staff sergeant.  He departed Vietnam on 12 July 1970 and he was transferred to Fort Lewis, WA where he was honorably released from active duty (REFRAD) on 14 July 1970 as an overseas returnee.  He had served 3 years, 9 months, and 1 day of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citation and Campaign Ribbons Awarded or Authorized) of his DD Form 214 reflects the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, and his marksmanship qualification badges.  Item 30 (Remarks) reflects his Vietnam (VN) service from 19 July 1969 - 16 July 1970 (sic).

5.  The evidence of record shows that General Orders Number 7932, issued by Headquarters, Americal Division, dated 4 July 1970, awarded the applicant the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service during the period July 1969 - July 1970.  The oak leaf cluster denoted a second award of the BSM.

6.  His record also shows an Army Commendation Medal certificate, dated
23 August 1970, and associated citation that awarded him the Army Commendation Medal for meritorious achievement on 29 June 1970.  His record also contains an Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, subject: Transmittal of Award Elements, dated 22 April 1971, that forwarded the Army Commendation Medal to the Commanding General, First U.S. Army.

7.  A review of his service record further shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  There are no orders showing he was awarded the Army Good Conduct Medal.


8.  A search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to contain any orders awarding the applicant any additional awards.

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 in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following eight campaigns:

* 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 Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows the 1st Battalion, 14th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 - 28 July 1969 by Department of the Army General Order (DAGO) Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 31 October 1969 by DAGO Number 53, dated 1970

11.  Department of the Army Pamphlet 672-3 shows the 4th Battalion,
3rd Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August - 31 December 19691 and 31 March - 30 June 1970 by DAGO Number 42, dated 1972.


12.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and found to have merit.  His record contains evidence to show he was awarded the BSM (1st Oak Leaf Cluster) and one ARCOM.  His record also shows he served two tours in Vietnam.  Accordingly, he is entitled to correction of his DD Form 214 to show the BSM (1st Oak Leaf Cluster) and the ARCOM.  He is also entitled to correction of his DD Form 214 to show the inclusive dates of his first tour in Vietnam.

2.  His record shows he received "excellent" conduct and efficiency ratings throughout his service with no derogatory information or a commander's disqualification.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st award) and correction of his DD Form 214 to show this award.

3.  He served in eight campaigns while in Vietnam; therefore, he is entitled one silver service star and three bronze service star for wear on his already-awarded VSM and correction of his DD Form 214 to show these service stars.

4.  Records show that during his assignment to his units in Vietnam they were collectively cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards although he is authorized to wear only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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 Vietnam Service Medal;

	b.  deleting from item 30 of his DD Form 214 the entry "VN SERVICE:
19 Jul 69 - 16 Jul 1970";

	c.  awarding him the Army Good Conduct Medal (1st award) for the period
21 October 1966 through 20 October 1969;

	d.  adding to item 24 of his DD Form 214 the Bronze Star Medal (1st Oak Leaf Cluster), Army Commendation Medal, Army Good Conduct Medal (1st award), Vietnam Service Medal with one silver service star and three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	e.  adding to item 30 of his DD Form 214 the entry:

		VN SERVICE:	10 Nov 67 - 2 Nov 68
							19 Nov 69 - 12 Jul 70

2.  The Board wants the applicant and all others concerned to know that the sacrifices made by the applicant in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _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)                                         AR20100018509



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ABCMR Record of Proceedings (cont)                                         AR20100018509



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