BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100021875 


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 the Army Commendation Medal (2nd Award). 

2.  The applicant states that due to administrative errors the aforementioned awards were not included on his DD Form 214 when he released from active duty.

3.  The applicant provides:

* his DD Form 214
* and Army Commendation Medal citation and certificate, dated 11 February 1969
* an Army Commendation Medal citation and certificate, dated 9 April 1969
* a Bronze Star Medal citation and certificate, dated 12 May 1969

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 7 February 1968 for a 2-year period.  He completed his initial entry training and he was awarded military occupational specialty 76Y (Unit and Organization Supply Specialist).  The highest rank/grade he attained was specialist four (SPC)/E-4.

3.  The applicant served in the Republic of Vietnam from 10 July 1968 to 4 July 1969 with the 501st Supply Company, 101st Airborne Division (Air Cavalry) that was redesignated as Company A, 426th Supply and Service Battalion on or about 1 August 1968. 

4.  The applicant was honorably released from active duty on 23 December 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining statutory military service obligation.  The DD Form 214 he was issued confirms he completed 1 year, 10 months, and 17 days of total active service with 11 months and 25 days of foreign service in the Republic of Vietnam.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* one overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  The applicant's personnel service record contains the following award orders issued by Headquarters, 101st Airborne Division:

	a.  General Orders (GO) Number 1464, dated 11 February 1969, that awarded the applicant the Army Commendation Medal for meritorious achievement in Vietnam on 23 January 1969;

   b.  GO Number 3158, dated 9 April 1969, awarding the applicant the Army Commendation Medal for meritorious achievement in Vietnam from 1 October 1968 to 28 February 1969; and

   c.  GO Number 4558, dated 12 May 1969 awarding the applicant the Bronze Star Medal for meritorious service in Vietnam from 1 August 1968 to 31 March 1969.

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  His military personnel records do not show any time lost or record of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), and no record of court-martial.  There is an annotation that states he was eligible for reenlistment.

8.  References:

	a.  Army Regulation 600-8-22 (Military Awards) provides that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  The award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment.  Recommendations for award of a decoration for meritorious service will not refer to acts of heroism or meritorious achievements, which have been previously recognized by award of a decoration.  Meritorious service is characterized by distinguished service and performance above that normally expected, over a sustained period.  Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award.  

	b.  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 four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

	c.  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:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April through 15 August 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969
* Meritorious Unit Commendation for the period 1 November 1968 through 31 May 1969 by DAGO 39, dated 1970
* Meritorious Unit Commendation for the period 1 June 1969 through   31 August 1970, by DAGO 24, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 July 1968 through 2 May 1970 by DAGO Number 48, dated 1971

	d.  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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

	e.  Army Regulation 670-1 (Uniforms 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received duplicate achievement awards for the same period of service.  Regulatory guidance specifically states only one decoration will be awarded to a Soldier for the same act, achievement, or period of meritorious service.  To comply with this guidance, it would be appropriate to correct GO Number 3158, dated 9 April 1969, and the accompanying certificate to show meritorious service in the Republic of Vietnam from 1 October 1968 to 28 February 1969.  

2  General orders awarded the applicant two awards of the Army Commendation Medal and one award of the Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  Based on the applicant's “excellent” conduct and efficiency ratings, the absence of evidence showing disqualification, and his completion of a qualifying period of service from 7 February 1968 through 23 December 1969, it appears he met the eligibility criterion for the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the first award  of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

4.  During the applicant's assignment in Vietnam, his unit was cited for two awards of the Meritorious Unit Commendation, one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The applicant participated in four campaign phases while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

6.  The applicant served a qualifying period of service in Vietnam for entitlement to two overseas service bars.  Therefore, his DD Form 214 should be corrected to show an additional overseas service bar for wear on his uniform.

7.  In view of the foregoing, his DD Form 214 should be corrected as recommended below.

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 and one overseas service bar;

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 7 February 1968 through 23 December 1969; 
   
   c.  correcting GO Number 3158 and its accompanying certificate to show meritorious service; and  

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

* Bronze Star Medal
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two overseas service bars



      ___________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)                                         AR20100021875



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ABCMR Record of Proceedings (cont)                                         AR20100021875



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