BOARD DATE:	  10 February 2011 

		DOCKET NUMBER:  AR20100020492 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add awards of the Presidential Unit Citation (PUC) and the Bronze Star Medal (BSM).

2.  The applicant states that after his first year in Vietnam he moved from the 9th Infantry Division to the 3d Ordnance Battalion for the rest of his service.  When he was clearing the 9th Infantry Division, the clerk told him his records indicated he was awarded the BSM; however, he never received it.  He had already received the PUC and the Army Commendation Medal (ARCOM).

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 was inducted into the Army of the United States on 27 September 1966.  He completed basic training at Fort Campbell, Kentucky, and advanced individual training as a field artillery crewman at Fort Sill, Oklahoma, before being transferred to Vietnam on 6 March 1967.

3.  He was initially attached to the 3d Ordnance Battalion.  On 22 May 1967, he was transferred to Battery C, 3d Battalion, 34th Artillery Regiment, 9th Infantry Division.  He was advanced to pay grade E-4 on 1 December 1967.

4.  On 1 May 1968, he was transferred to the 576th Ordnance Battalion and remained with that unit until he departed Vietnam on 5 September 1968 for Oakland Army Base, California, where he was honorably released from active duty as an overseas returnee.  He served in five campaigns and he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, and the ARCOM.

5.  A review of his official records and a search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to reveal any orders for the BSM pertaining to the applicant.

6.  However, his records do show he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  Army Regulation 600-8-22 (Military Awards) states the BSM 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.

8.  Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period ends with the termination of Federal military service on or after 27 June 1950 of less than 3 years but more than 1 year.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 is worn to denote participation in five campaigns.

10.  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.  It shows the applicant's unit was awarded the PUC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit in Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he was awarded the BSM is not in question, he has not provided and the records do not contain orders for this award which is necessary to have it added to his DD Form 214.  Therefore, in the absence of such orders, there appears to be no basis for adding this award to his DD Form 214 at this time.

2.  However, the evidence of record does show the applicant's unit was awarded the PUC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit in Vietnam.  Accordingly, he is entitled to have those awards added to his records.

3.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the AGCM.  Therefore, it must be presumed that the failure to award him the AGCM was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the first award of the AGCM for the period of 27 September 1966 through 5 September 1968 and to correct his DD Form 214 to show this award.

4.  Additionally, the applicant participated in five campaigns in Vietnam and thus is entitled to one silver service star for wear on his already-awarded VSM.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x__  ____x____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 Army Good Conduct Medal (1st Award) for the period 27 September 1966 through 5 September 1968;

	b.  deleting the VSM from item 24 of his DD Form 214; and

	c.  adding the Army Good Conduct Medal (1st Award), Vietnam Service Medal with one silver service star, PUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the BSM to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War.  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)                                         AR20100020492



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ABCMR Record of Proceedings (cont)                                         AR20100020492



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