IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110001482 


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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his rank as specialist four (E-4) and all his awards.

2.  The applicant states that he was awarded the Purple Heart, the Air Medal and the Bronze Star Medal.

3.  The applicant provides copies of his DD Form 214, promotion orders to pay grade E-4, orders for the Purple Heart, orders and a citation for the Air Medal for action on 4 August 1968, and a citation and certificate for 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 and entered active duty on 13 April 1967.  He completed basic, advanced individual and airborne training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman) and the Parachutist Badge.

3.  Following training he served in Vietnam with 2nd Battalion (Airborne), 327th Infantry, 1st Brigade, 101st Airborne Division from 9 November 1967 to 28 October 1968 and was promoted pay grade E-4 on 7 October 1968.

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

   a. in item 38 (Record of Assignments) that his conduct and efficiency ratings were exclusively excellent throughout his term of active duty service
   
   b.  in item 40 (Wounds) that he sustained a fragment wound to his right cheek on 21 March 1968; and 
   
   c.  in item 41 (Awards and Decorations) that his awards were the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge with Pistol Bar and the Sharpshooter Marksmanship Qualification Badge Qualification Badge with Rifle (M-14) Bar.

5.  He returned to the United States and released from active duty, on 12 April 1969, and transferred to the U.S. Army Reserve with an honorable characterization of service.

6.  The applicant's DD Form 214 lists his awards as the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal with Device (1960).

7.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era that is made available by the Awards Branch, Human Relations Command does not contain any award information for the applicant.

8.  Army Regulation 600-8-22 (Military Awards) states that 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.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that:

   a.  2nd Battalion (Airborne), 327th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 –
14 May 1969 by Department of the Army General Order (DAGO) Number 43 of 1970 and the Republic of Vietnam Civil Actions Honor Medal First Class, First Class Unit Citation for the period 18 March 1968 – 2 May 1970 by DAGO Number 48 of 1971; and 

   b.  service stars are worn on service and campaign medals to denote participation in campaign.  The applicant's tour of duty coincided with the following four campaign periods; Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968), Tet Counteroffensive (30 January - 1 April 1968), Vietnam Counteroffensive Phase IV (2 April - 30 June 1968 )and the Vietnam Counteroffensive Phase V (1 July - 1 November 1968).

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that he was awarded the Purple Heart, the Air Medal and the Bronze Star Medal.

2.  The available orders show he was awarded the Air Medal and the Purple Heart.

3.  His conduct and efficiency ratings were exclusively excellent,  He was wounded in action, promoted to pay grade E-4 and there is no discreditable information available.  It is reasonable to presume that failure to award him the Good Conduct Medal was an administrative oversight.  He should be awarded the Good Conduct Medal.

4.  He served in Vietnam during four campaign periods and is entitled to wear four bronze service stars on the Vietnam Service Medal.

5.  The applicant's Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class, First Class Unit Citation.

6.  He was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar and the Sharpshooter Marksmanship Qualification Badge Qualification Badge with Rifle (M-14) Bar that are not shown on his DD Form 214.

7.  The governing regulation, Army Regulation 600-8-22, requires formal recommendations, approval through the chain of command, and announcement in orders for all personal decorations.  None of these are available for the applicant's Bronze Star Medal.  While the citation and the certificate that he submitted with his application indicate that this award was undoubtedly presented to him, the Board consistently requires that orders or other substantiation support those documents before adding the subject award to an individual's DD Form 214.  It is hoped that the applicant can and will obtain further substantiation and request reconsideration.

8.  In view of the foregoing findings and conclusions it would be appropriate to correct the applicant’s records as recommended below

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.  awarding him the Army Good Conduct Medal;
   
   b.  deleting the awards currently shown on his DD Form 214; and
   
   c.  showing that his authorized awards consist of the Purple Heart, Air Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class, First Class Unit Citation, Combat Infantryman Badge, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge Qualification Badge with Rifle (M-14) Bar, and the Marksman Marksmanship Qualification Badge with Pistol 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 adding the Bronze Star Medal 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)                                         AR20110001482





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ABCMR Record of Proceedings (cont)                                         AR20110001482



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