BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100026171 


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 a second award of the Bronze Star Medal be added to his DD Form 214 (Report of Transfer or Discharge).   

2.  The applicant states he received two awards of the Bronze Star Medal while on active duty in Vietnam and only one award is listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Orders and award certificates for the Bronze Star Medal and Bronze Star Medal with First Oak Leaf Cluster 

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.  He was inducted into the Army of the United States on 12 August 1968.  He arrived in Vietnam on 28 August 1969.  He served as a light weapons infantryman assigned to Company A, 2nd Battalion, 28th Infantry in Vietnam from 10 September 1969 to 13 February 1970.  He was assigned to Company B, 2nd Battalion, 2nd Infantry in Vietnam from 14 February 1970 to 28 March 1970.  He was assigned to Company D, 4th Battalion, 9th Infantry in Vietnam from 
29 March 1970 to 4 August 1970.  On 5 August 1970, he was released from active duty in the rank of staff sergeant after completing 1 year, 11 months, and 24 days of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Air Medal, and Bronze Star Medal as authorized awards.  

4.  Orders, dated 23 January 1970, show he received the Bronze Star Medal for meritorious achievement for the period 20 August 1969 to 30 December 1969.

5.  Orders, dated 22 June 1970, show he received the Bronze Star Medal with First Oak Leaf Cluster for meritorious service for the period August 1969 to August 1970.

6.  Orders, dated 20 July 1970, show he received the Army Commendation Medal.

7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

8.  Records show he participated in four campaigns during his assignment in Vietnam.

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 applicant's unit, 2nd Battalion, 28th Infantry, was cited for award of the:



* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 23 September 1969 to 15 February 1970 by Department of the Army General Orders (DAGO) Number 2, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit, 2nd Battalion, 2nd Infantry, was cited for award of the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970

11.  Department of the Army Pamphlet 672-3 also shows the applicant's unit, 4th Battalion, 9th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1966 to 30 September 1970 by DAGO Number 5, dated 1973

12.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

14.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the Bronze Star Medal with First Oak Leaf Cluster and Army Commendation Medal.  His DD Form 214 should be corrected to show these medals.
2.  He was released from active duty in the rank of staff sergeant with almost 
2 years of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 12 August 1968 through 5 August 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should be corrected to show this award.

3.  He participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show this award.
 
4.  His units were cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show these unit awards.

5.  His units were cited for two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  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 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.  awarding him the first award of the Good Conduct Medal for the period 
12 August 1968 through 5 August 1970; and 


	b.  adding the Good Conduct Medal, Bronze Star Medal (2d Award), Army Commendation Medal, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal in item 24 of 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)                                         AR20100026171





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ABCMR Record of Proceedings (cont)                                         AR20100026171



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