IN THE CASE OF:	

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022297 


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 record to show he was awarded the Bronze Star Medal (BSM) with "V" Device, Republic of Vietnam (RVN) Gallantry Cross, RVN Civil Actions Honor Medal First Class Unit Citation, and any other awards to which he is entitled.

2.  The applicant states, in effect, the "V" Device and other decorations were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 and general orders announcing award of the BSM with "V" Device.

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 25 October 1967.  After completing initial entry training, he was awarded military occupational specialty 67N (UH-1 Helicopter Repairman) and assigned for duty in Vietnam.  He was honorably released from active duty on 29 May 1969 after completing 1 year, 7 months, and 5 days of active military service.

3.  He was awarded the:

* Aircraft Crewman Badge by Special Orders Number 79, issued by Headquarters, U.S. Army Transportation School, Fort Eustis, VA, on 22 April 1968
* Expert Marksmanship Qualification Badge with Rifle Bar by Special Orders Number 82, issued by the same headquarters on 25 April 1968
* BSM with "V" Device by General Orders Number 489, issued by Headquarters, II Field Force Vietnam, on 22 February 1969

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

* item 31 (Foreign Service) – he served in Vietnam from 15 May 1968 through 28 May 1969
* item 38 (Record of Assignments) – he was assigned for duty in Vietnam with the 398th Transportation Detachment, 11th Armored Cavalry, from 20 May to 4 December 1968 and Headquarters and Headquarters Troop, 11th Armored Cavalry, from 5 December 1968 to 24 May 1969
* item 38 – he received all "excellent" conduct and efficiency ratings

5.  The record is void of documentation showing he was the subject of disciplinary action during his Army service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal
* BSM

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  His service in Vietnam coincides with four campaigns:

* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)

9.  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 11th Armored Cavalry Regiment was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 7 September 1966 to 10 August 1968 by Department of the Army General Orders Number 60, dated 1969.

10.  Department of the Army Pamphlet 672-3 does not show the units to which the applicant was assigned received the RVN Civil Actions Honor Medal First Class Unit Citation.

11.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The version in effect at the time stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized in item 24.

DISCUSSION AND CONCLUSIONS:

1.  The evidence supports correcting the applicant's record to show he received the BSM with "V" Device, RVN Gallantry Cross with Palm Unit Citation, AGCM, VSM with four bronze service stars, Aircraft Crewman Badge, and Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The available records do not show he served in a unit that received the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is not entitled to correction of his record to show this award.

3.  General orders awarded him the BSM with "V" Device.  The BSM is recorded on his DD Form 214; however, the entry does not show he received the award with a "V" Device.  Therefore, he is entitled to correction of his record to show he received the BSM with "V" Device.

4.  A unit he served in was awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his record to show this unit award.

5.  He served honorably during the period 25 October 1967 through 29 May 1969 and received all "excellent" conduct and efficiency ratings.  He was not the subject of any disciplinary actions during his military service.  It would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of Federal military service.  He is entitled to correction of his record to show this award.

6.  The applicant was awarded the VSM.  His records show he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded VSM.

7.  Special orders awarded him the Aircraft Crewman Badge and the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his record to show these badges.

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 AGCM (1st Award) for his service from 25 October 1967 through 29 May 1969,


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

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

* BSM with "V" Device
* AGCM (1st Award)
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Aircraft Crewman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

2.  The Board further determined that 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 RVN Civil Actions Honor Medal First Class Unit Citation.



      _____________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)                                         AR20100022297



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ABCMR Record of Proceedings (cont)                                         AR20100022297



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