IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100023235 


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, in two separate applications, correction of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal (ARCOM), Bronze Star Medal (BSM) with "V" Device for heroism, and the BSM for meritorious achievement.

2.  He states his ARCOM is not shown on his DD Form 214 because his ARCOM orders incorrectly show his social security number (SSN) as 3xx-xx-xxxx instead of 4xx-xx-xxxx.  He further states his DD Form 214 shows the BSM with no "V" Device.

3.  He provides:

* General Orders (GO) Number 6301 awarding him the ARCOM
* the associated ARCOM award certificate
* GO Number 6694 awarding him the BSM with "V" Device
* a BSM award certificate for meritorious achievement, dated 20 May 1992
* a BSM award certificate for heroism on 7 March 1969, dated
31 December 1999
* 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 23 May 1968.  After completing training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His record contains a DA Form 20 (Enlisted Qualification Record) which shows in:

* Item 31 (Foreign Service), he served in the Republic of Vietnam (RVN) from 2 November 1968 through 25 October 1969
* Item 38 (Record of Assignments), he was assigned to Company A,
2nd Battalion, 35th Infantry Regiment, 4th Infantry Division from
17 November 1968 to 25 October 1969
* Item 41 (Awards and Decorations), the entry:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge (CIB)
* BSM per GO Number 6694
* Two Overseas Service Bars

4.  He provided GO Number 6301, issued by Headquarters, 4th Infantry Division, dated 11 October 1969, that awarded him the ARCOM for meritorious service in the RVN from November 1968 to November 1969.  These orders list his SSN as 3xx-xx-xxxx.  The ARCOM award certificate shows the same period of service.


5.  He also provided GO Number 6694, issued by the same headquarters, dated 
6 November 1969.  These orders show he was awarded the BSM with "V" Device for heroism in connection with military operations against an armed hostile force in the RVN on 7 March 1969.

6.  On 22 May 1970, he was honorably released from active duty at the expiration of his term of service.  He was transferred the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He served 2 years of total active service, including 11 months and
23 days of foreign service in the RVN.  He had no time lost.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* NDSM
* VSM with three bronze service stars
* RVN Campaign Medal with Device (1960)
* CIB
* BSM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Grenade Bar

7.  He provided two BSM award certificates that were issued on two different dates.  These certificates show, in part:

	a.  The BSM with "V" Device was issued for meritorious achievement in connection with ground operations against a hostile force in the RVN during the period none to none [emphasis added].  The certificate was signed by The Adjutant General and Secretary of the Army, in the city of Washington on 20 May 1992.

	b.  The BSM was issued for heroism in connection with military operations against an armed hostile force in the RVN on 7 March 1969.  The certificate was signed by The Adjutant General and Secretary of the Army, in the city of Washington on 31 December 1999.  (This certificate appears to have been issued as a replacement certificate based on GO Number 6694, dated
6 November 1969.)

8.  His military personnel record does not contain an order for award of the BSM that corresponds with the certificate issued on 20 May 1992.

9.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal 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 n 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.  

10.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

11.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings during his military service.  His record is void of any derogatory information that could serve to disqualify him for this award.

12.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM 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.

13.  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 2nd Battalion, 35th Infantry Regiment, the unit to which the applicant was assigned, was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1967 through 28 July 1969 by Department of the Army General Order (DAGO) Number 38, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
1 August 1967 through 31 October 1969 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  It appears than an administrative error occurred at the time GO Number 6301 was issued for award of the ARCOM, in which one digit of his SSN was incorrectly listed.  Therefore, as a matter of justice, it would be appropriate to correct his DD Form 214 to show this award.

2.  It appears that two separate award certificates were issued for the BSM and BSM with "V" Device.  However, his record is absent of orders and he has not 

provided any orders to show he was awarded a BSM for meritorious achievement.  Therefore, in the absence of official orders, he is not entitled to correction of his DD Form 214 to show an additional BSM.

3.  His DD Form 214 shows he was awarded the BSM.  General orders awarded him the BSM with "V" Device on 6 November 1969.  Therefore, his DD Form 214 should be corrected to show the BSM with "V" Device.

4.  The evidence of record confirms he served honorably during the period
23 May 1968 through 22 May 1970.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his DD Form 214 to show this award.

5.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  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 partial 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 Bronze Star Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
23 May 1968 through 22 May 1970; and

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

* Bronze Star Medal with "V" Device

Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 adding a Bronze Star Medal for meritorious achievement to his DD Form 214.



      ___________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)                                         AR20100023235



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ABCMR Record of Proceedings (cont)                                         AR20100023235



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