IN THE CASE OF:	  

		BOARD DATE:	    23 August 2011

		DOCKET NUMBER:  AR20110000609 


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 (BSM).

2.  He states he never received the BSM in person partly because he was in the field while serving in the Republic of Vietnam and partly because the incorrect service number was entered on the documentation.  He contends that everything entered on the paperwork for his BSM is correct except his service number which should be "RA _____6__" instead of "RA _____5__."

3.  He provides copies of his:

* DD Form 214
* DA Form 2496 (Disposition Form)
* Award Citation

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.  His record shows he enlisted in the Regular Army on 21 January 1967 and held military occupational specialty 11B (Light Weapons Infantryman).  On 
14 January 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  His record contains Special Orders Number 35, dated 7 March 1967, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam during the periods 4 December 1967 through 3 December 1968 and 29 August 1969 through 13 January 1970.

	b.  Item 33 (Appointments and Reductions) shows special orders reduced him from the rank/pay grade of specialist four (SP4)/E-4 to private first class (PFC)/E-3 as a result of nonjudicial punishment for misconduct.

	c.  Item 38 (Record of Assignments) shows that during his tours of duty in the Republic of Vietnam he served in the following units for the periods indicated:

* Company B, 1st Battalion, 506th Infantry Airborne Regiment, from 6 December 1967 to 24 September 1968
* Company D, 5th Battalion, 12th Infantry Regiment, 199th Infantry Brigade, from 25 September to 2 December 1968
* Company E, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade, from 10 September to 28 September 1969
* Headquarters and Headquarters Company, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade, from 29 September 1969 to 13 January 1970

	d.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

5.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the Bronze Star Medal or any additional awards.

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

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)]
* Combat Infantryman Badge
* Parachutist Badge

7.  He provides a DA Form 2496 rendered by an acting assistant Adjutant General, 82nd Airborne Division on 15 April 1969.  This form shows a certificate and citation showing the applicant was awarded the BSM were forwarded to his battalion commander for presentation to him.  This form also shows that no general orders were forwarded.

8.  The citation shows he was awarded the BSM for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period 1 January to 31 August 1968.  The citation properly reflects his name and all but one digit of his service number which appears as "RA _____5__."

9.  A review of the applicant's record shows he is entitled to additional awards and decorations.

10.  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.




11.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal. Appendix B shows the campaigns for Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.  During his tour in Vietnam he participated in seven campaigns:

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This regulation shows the units to which the applicant was assigned while serving in the Republic of Vietnam were cited for the following awards for accomplishments during his tenure:

* the Valorous Unit Award by Department of the Army General Orders ((DAGO) Number 52, dated 1974;
* the Meritorious Unit Commendation by DAGO Number 22, dated 1976, as amended by DAGO Number 5, dated 1977;
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 43, dated 1970;
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) by DAGO Number 51, dated 1971; and
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971.

13.  Department of the Army Pamphlet 672-3states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of BSM was carefully considered and determined to have merit.

2.  Although no general orders could be located, a DA Form 2496, dated 15 April 1969, a certificate, and citation showing the applicant was awarded the BSM were forwarded from Headquarters, 82nd Airborne Division to his battalion commander for presentation to him.  This form also shows that no general orders were forwarded.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to have his DD Form 214 corrected to show this badge.

4.  Although the evidence of record shows he was reduced in rank/pay grade as a result of nonjudicial punishment the evidence also shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and he had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 21 January 1967 through 
14 January 1970 and he is entitled to correction of his DD Form 214 to show this award.

5.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in seven campaigns during his service in the Republic of Vietnam.  Therefore, he is authorized a silver service star and two bronze service stars to be affixed to his Vietnam Service Medal and to correction of his DD Form 214 to show these awards.

6.  DAGOs awarded the applicant's unit the following awards for accomplishments during his tenure in the unit; therefore, he is entitled to correction of his DD Form 214 to show these unit awards:

* the Valorous Unit Award
* the Meritorious Unit Commendation
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 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 Army Good Conduct Medal (1st Award) for the period 21 January 1967 through 14 January 1970;

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and

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

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and two bronze service stars
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      _______ _  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)                                         AR20110000609



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ABCMR Record of Proceedings (cont)                                         AR20110000609



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