IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100025365 


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 U.S. Report of Transfer or Discharge) to show two awards of the Bronze Star Medal.

2.  He states he has the orders for the BSMs, but they are not listed on his DD Form 214.

3.  He provides:

* his DD Form 214
* two general orders awarding him the Bronze Star Medal

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 U.S. on 14 September 1967.

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

* item 31 (Foreign Service) he arrived in the Republic of Vietnam on
21 August 1968 
* item 38 (Record of Assignments) he was assigned to:

* the 165th Transportation Company from 4 August through 
26 November 1968
* the 1097th Transportation Company (Medium Boat), 9th Infantry Division from 27 November 1968 to 26 July 1969

* item 38 he received "excellent" conduct and efficiency ratings throughout his service

4.  On 27 July 1969, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed a total of 1 year, 10 months, and 13 days of total active service.  Item 24 of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

5.  General Orders Number 8719, issued by Headquarters, 9th Infantry Division, dated 6 July 1969, awarded him the Bronze Star Medal for meritorious service during the period August 1968 to July 1969.

6.  General Orders Number 8936, issued by the same headquarters, dated 7 July 1969, awarded him the BSM (First Oak Leaf Cluster) for outstanding achievement during the period 1 May to 26 June 1969.

7.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded awarding the applicant the first award of the Army Good conduct Medal.
8.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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.

10.  Army Regulation 600-8-22 (Military Awards), 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, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

11.  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 165th Transportation Company was cited for award of the:

* Meritorious Unit Commendation for the period 21 March through26 September 1968 by Department of the Army General Orders (DAGO) Number 42, dated 1969
* Meritorious Unit Commendation for the period 1 November 1968 through 
29 August 1969 by DAGO Number 51, dated 1971

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the 1097th Transportation Company was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969 by DAGO 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 January 1969 by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant two awards of the Bronze Star Medal during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these Bronze Star Medals.

2.  The available evidence shows he served honorably from 14 September 1967 through 27 July 1969 and he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information or a commander's disqualification for award of the AGCM.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award.

3.  The applicant participated in four campaign phases during his service in 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 these bronze service stars.

4.  The applicant's units in Vietnam were cited for two awards of the Meritorious Unit Commendation, and award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
14 September 1967 through 27 July 1969; and

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

* Bronze Star 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



      _____________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)                                         AR20100025365



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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