IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100021818 


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 award of the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was awarded the BSM for meritorious service in Vietnam and it was omitted from his DD Form 214.

3.  The applicant provides a copy of his BSM Certificate and 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 on 6 March 1968.  He completed his basic training at Fort Bliss, Texas and his advanced individual training as a radio teletype operator at Fort Huachuca, Arizona and Fort Gordon, Georgia before being transferred to Vietnam on 9 November 1968.

3.  He was assigned to Company A, 501st Signal Battalion, 101st Airborne Division for duty as a radio operator.  He was advanced to the pay grade of E-4 (SP4) on 16 January 1969.

4.  He participated in four campaigns and departed Vietnam on 8 November 1969.  He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 9 November 1969 as an overseas returnee.  He had served 1 year, 8 months, and 4 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), and the Vietnam Campaign Medal.

5.  A review of the applicant’s official records shows that he had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that could serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  His records show that he was awarded the BSM for meritorious service during the period of 1 December 1968 to 1 July 1969 in General Orders Number 14011 issued by Headquarters, 101st Airborne Division on 20 November 1969.

7.  His records also show that he was awarded the Army Commendation Medal (ARCOM) for meritorious service during the period of 1 December 1968 to         30 April 1969 in General Orders Number 6898 issued by Headquarters, 101st Airborne Division on 16 June 1969.

8.  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.  

9.  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 that the applicant’s unit was awarded the RVNGC w/Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his award of the BSM should be added to his records has been noted and found to have merit.  He was awarded the BSM and that award should be added to his records at this time.

2.  The applicant was also awarded the ARCOM for meritorious service which was also announced in orders and that award should be added as well.

3.  A review of his records shows that the applicant had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information.  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 AGCM (1st award) for the period of 6 March 1968 to 9 November 1969 and to correct his DD Form 214 to show this award.

4.  The applicant served during four campaigns while in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

5.  The RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation were awarded to the applicant’s unit during the period he served in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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:

* Deleting the VSM from his DD Form 214
* Awarding him the AGCM for the period 6 March 1968 to 9 November 1969, while serving in the rank of SP4
* Adding the BSM, ARCOM, AGCM, VSM with four bronze service stars, RVNGC w/Palm Unit Citation, and the RVNCAHM-FC Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  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)                                         AR20100021818





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ABCMR Record of Proceedings (cont)                                         AR20100021818



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