BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100019892 


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 (BSM) and Army Good Conduct Medal (AGCM).

2.  He states, in effect, that he was awarded the BSM on General Orders Number 686, dated 24 January 1969, and that he received no disciplinary action while he was in the service.

3.  He provides:

* General Orders Number 686
* U.S. Army Certificate for the BSM issued on 30 January 1969
* Four witness statements

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's records show he was inducted into the Army of the U.S. on 14 September 1967.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service) Republic of Vietnam (RVN) from 4 March 1968 to 27 February 1969
* Item 38 (Record of Assignments) assigned to Company C, 2nd  Battalion, 16th Infantry Regiment, 1st Infantry Division in the RVN
* Item 38 "excellent" conduct and efficiency ratings

4.  He submitted the following in support of the BSM:

* General Orders Number 686 issued by Headquarters, 1st Infantry Division, dated 24 January 1969, which show he was awarded the BSM for meritorious service.
* Certificate for the BSM issued on 30 January 1969

5.  He provided four unnotarized witness statements essentially attesting that they saw him receive the BSM.

6.  On 12 September 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed a total of 1 year, 11 months, and 29 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons or Authorized) of his DD Form 214 does not show the BSM or the AGCM or bronze service stars on his Vietnam Service Medal.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.

8.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in the RVN he participated in the Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V and Vietnam Counteroffensive Phase VI campaigns.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.

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 the unit to which the applicant was assigned was cited for award of the following:

	a.  RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 32, dated 1969, from 15 July 1965 through 16 October 1968; and

	b.  RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970, from 12 July 1965 through
7 April 1970.

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the BSM.  Therefore, he is entitled to correction of his DD Form 214 to show this decoration.

2.  The available evidence shows he served honorably from 14 September 1967 to 12 September 1969 and he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the AGCM. Therefore, it would be appropriate to award the applicant the AGCM (1st Award) and correct his DD Form 214 to show this medal.

3.  General orders also show the unit to which the applicant was assigned was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Records show the applicant participated in four campaigns during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be worn on his already-awarded VSM.


BOARD VOTE:

___x___  ____x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 AGCM (1st Award) for the period 14 September 1967 to 12 September 1969;

	b.  deleting the VSM from his DD Form 214;

	c.  adding the BSM, AGCM (1st Award), VSM with four bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214; and

	d.  providing him a document to show the above corrections.




      __________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)                                         AR20100019892



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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