BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100018715


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) to add all of his awards, including the Bronze Star Medal.

2.  The applicant states awards he earned were not included on his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* a Bronze Star Medal Certificate
* a Bronze Star Medal Citation

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 23 January 1970.  He completed training in field artillery, basic.  He arrived in Vietnam on
10 June 1970 and he was assigned to B Battery, 6th Battalion, 11th Artillery, 23rd Infantry Division.

3.  Headquarters, 23rd Infantry Division, General Orders Number 9272, dated
21 August 1971, awarded the applicant the Bronze Star Medal for the period
1 September 1970 through 31 July 1971.

4.  He departed Vietnam on 25 August 1971 en route to the United States.  He was honorably released from active duty on 26 August 1971 as an overseas returnee.  He completed 1 year, 7 months, and 4 days of total active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service
* Vietnam Service Medal
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* One Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no information contained in his official record that would have disqualified him for the first award of the Army Good Conduct Medal.

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

8.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnamese Counteroffensive Phase VII Campaign, which extended from 1 July 1970 through 30 June 1971
* Consolidation I Campaign, which extended from 1 July 1971 through 30 November 1971

10.  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 during the applicant's assignment to the
6th Battalion, 11th Artillery, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March 1970 - 30 June 1970 by Department of the Army General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he received "excellent" conduct and efficiency ratings no information that would have disqualified him for the first award of the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 23 January 1970 through 26 August 1971 and correction of his DD Form 214 to show this award.

2.  He was awarded the Bronze Star Medal for the period 1 September 1970 through 31 July 1971 while in Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.
3.  The applicant served during two campaign phases in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  The applicant was assigned to a unit in Vietnam that was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  The applicant served during a qualifying period for two awards of the Overseas Service Bar.  Therefore, his DD Form 214 should be corrected accordingly.

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 Vietnam Service Medal and One Overseas Service Bar;

	b.  awarding him the Army Good Conduct Medal for the period 23 January 1970 through 26 August 1971; and

	c.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (first award)
* Vietnam Service Medal with two bronze service stars
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two Overseas Service Bars



      __________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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100018715



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