IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100020585


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 and all awards he may be authorized.

2.  The applicant states he received the Bronze Star Medal shortly after his discharge from the U.S. Army.

3.  The applicant provides no additional evidence.

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 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 record shows he enlisted in the Regular Army on 19 March 1969.  He completed initial training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).  The highest rank held was specialist five (E-5).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served a tour of duty in the Republic of Vietnam (RVN) from on or about 30 September 1969 through on or about 22 October 1971.  Item 38 (Record of Assignments) of this form shows he served in the following units during his tour of duty in the RVN:

* Headquarters and Main Support Company, 185th Maintenance Battalion, from 4 October through 5 October 1969
* 140th Heavy Equipment Maintenance Company from 6 October 1969 through 10 December 1969
* 135th Light Maintenance Company (Combat Support) from 11 December 1969 through 4 March 1971
* Headquarters and Headquarters Company, 29th General Support Group, from 5 March 1971 through 30 March 1971
* 5th Light Equipment Maintenance Company (Combat Support) from 31 March 1971 through 25 June 1971
* Headquarters and Headquarters Company, 29th General Support Group, from 26 June 1971 through 17 October 1971

4.  Item 38 his DA Form 20 shows he received conduct and efficiency ratings of "excellent" for each of his rated duty assignments.  He accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for breaking restriction on 2 September 1969.

5.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized to wear the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), three overseas service bars, Army Commendation Medal, Bronze Star Medal, and Driver and Mechanic Badge with Driver-W Bar.  The Army Commendation Medal and Bronze Star Medal are entered on the same line.  The general order listed awards him the Army Commendation Medal.

6.  He was honorably released from active duty on 21 October 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, RVN Campaign Medal, Army Commendation Medal, Vietnam Service Medal, three overseas service bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  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 the award of the Bronze Star Medal pertaining to the applicant.  Further, there are no official orders contained in the record awarding him the Bronze Star Medal.

9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying 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.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  This medal was awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B shows the campaigns for Vietnam.  During his tour of duty in the RVN participation credit was awarded for five campaigns:  Vietnam Summer-Fall 1969, Vietnam Winter-Spring, DA Sanctuary Counteroffensive, Vietnam Counteroffensive Phase VII, and Consolidation I.   This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the RVN.  This pamphlet shows that during his tenure the units he was assigned to were cited as follows:

	a.  135th Maintenance Company for award of the Meritorious Unit Commendation for the period 1 January 1969 through 30 June 1970 based on Department of the Army General Orders (DAGO) Number 43, dated 1972.

	b.  Headquarters and Headquarters Company, 29th General Support Group, for award of the Meritorious Unit Commendation for the period 1 November 1970 through 1 February 1972 based on DAGO Number 5, dated 1973.

12.  DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniform 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.

14.  Army Regulation 600-8-22 provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested that his DD Form 214 be corrected to show award of the Bronze Star Medal and all other awards he may be authorized.

2.  The evidence shows he completed 2 years, 7 months, and 3 days of honorable service during which he received all "excellent" conduct and efficiency ratings, had no court-martial convictions, and accepted nonjudicial punishment on one occasion for a minor offense.  There is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 19 March 1969 through 21 October 1971 and to correction of his records to show this award.

3.  The evidence shows he completed a qualifying period of service for award of the Vietnam Service Medal and that he participated in five campaigns while serving in the RVN.  Accordingly, he is authorized to wear the Vietnam Service Medal with one silver service star.

4.  General orders show two units he was assigned to in RVN were awarded the Meritorious Unit Commendation.  Therefore, he is entitled to have his records corrected to show these unit awards.

5.  General orders awarded the RVN Gallantry Cross with Palm Unit Citation to all units serving in Vietnam for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

6.  The record shows he served in RVN from on or about 4 October 1969 to on or about 17 October 1971.  His DD Form 214 should be corrected to show he is authorized four overseas service bars.

7.  His DA Form 20 indicates he was awarded the Bronze Star Medal and this entry appears on the same line as the award of the Army Commendation Medal.  It is unclear if this is an administrative error or not.  The governing Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement in orders are required for award of the Bronze Star Medal.  In the absence of orders, there is insufficient evidence to correct his DD Form 214 to show the Bronze Star Medal.

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 19 March 1969 through 21 October 1971 and

	b.  adding the following awards and decorations to item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Silver service star to be affixed to his previously-awarded Vietnam Service Medal
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* overseas service bar (4)

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 the Bronze Star Medal.



      ____________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)                                         AR20100020585



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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