BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100019787 


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 show award of the Bronze Star Medal.

2.  He states, in effect, that although he was awarded the Bronze Star Medal during his service in the Republic of Vietnam during the period March 1969 through March 1970, it is not reflected on his DD Form 214.

3.  He provides a certificate and citation showing he was awarded the Bronze Star Medal and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, United States 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 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 4 October 1968.  Upon completion of initial entry training he was awarded military occupational specialty (MOS) 76Y (Armorer/Unit Supply Specialist).  The highest rank/pay grade he attained while serving on active duty was sergeant/E-5.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) and item 30 (Remarks) of his DD Form 214 show he served in the Republic of Vietnam from 19 March 1969 through 18 March 1970.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he served in MOS 76Y as an Armorer and Supply Sergeant with Battery B, 3rd Battalion, 82nd Artillery Regiment 8 April 1969 through 18 March 1970.

5.  Item 38 also shows he received "excellent" conduct and efficiency ratings for each of his duty assignments.  There is also no record of any convictions by a court-martial or a commander's disqualification from receiving the Army Good Conduct Medal.

6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Bronze Star Medal.

7.  His DD Form 214 shows he was honorably released from active duty and transferred to U.S. Army Reserve Control Group (Reinforcement) on 1 October 1971 following the completion of 2 years, 11 months, and 28 days of creditable active duty service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at the time of his release from active duty shows the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14]
* Marksman Marksmanship Qualification Badge with Rifle Bar [M-16]

8.  There are no indications in the applicant's service personnel records which show that he was awarded or recommended for award of the Bronze Star Medal.




9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

10.  He provides a citation and a certificate showing he was awarded the Bronze Star Medal for meritorious achievement while participating in ground operations against a hostile force in the Republic of Vietnam during the period March 1969 to March 1970.

11.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.

13.  Army Regulation 600-8-22, 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 three campaigns:

* Tet 69 Counteroffensive 1969 (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)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows the unit to which the applicant was assigned was cited for award of Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 24 August through 31 December 1969, by Department of the Army General Orders (DAGO) Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military records should be corrected to show award of the Bronze Star Medal was carefully considered and determined to have merit.

2.  Although his record is void of the orders awarding him the Bronze Star Medal, he furnished both a citation and a certificate showing he was awarded the Bronze Star Medal for meritorious achievement while participating in ground operations against a hostile force in the Republic of Vietnam during the period March 1969 to March 1970.  

3.  His DD Form 214 does not reflect an end of tour award for either his tour of duty in the Republic of Vietnam or his active duty service.  These period shown on both the citation and the certificate are consistent with his tour of duty in the Republic of Vietnam.  Therefore, it is reasonable to assume he was awarded the Bronze Star Medal as an end of tour award.  In view of the foregoing, the citation and certificate are considered sufficient evidence upon which to base correction of his DD Form 214 to show award of the Bronze Star Medal.

4.  Evidence shows he received “excellent” conduct and efficiency ratings through his service.  There is also no record of any convictions by a court-martial or a commander's disqualification from receiving the Army Good Conduct Medal for the period of 4 October 1968 through 1 October 1971.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

5.  Records show he participated in three campaign phases while serving in the Republic of Vietnam.  Therefore, he is entitled to three 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.

6.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure.  Therefore, he is entitled to have his DD Form 214 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 October 1968 through 1 October 1971; and

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

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100019787





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ABCMR Record of Proceedings (cont)                                         AR20100019787



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