IN THE CASE OF:	  

		BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20110003262 


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 award of the Army Good Conduct Medal and the Bronze Star Medal (BSM).

2.  He states that he was never awarded the Army Good Conduct Medal and was awarded the Army of Occupation Medal in error.  He also should have been awarded the Bronze Star Medal for meritorious service.  His record shows he had excellent conduct throughout his service.  He always conducted himself in an exemplary manner and performed any duties without question regardless of the potential consequences.  He was informed just before he was discharged that he was going to be promoted to pay grade E-6 and awarded the Bronze Star Medal for meritorious service.  This never happened.  He would like his service record corrected to reflect his service.

3.  He provides:

* DA Form 20 (Enlisted Qualification Record)
* Standard Form 46 (U.S. Government Motor Vehicle Operator's Identification Card)
* National Archives Form 13046 (Response to Request for Separation Documents/Information)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Letter from the National Personnel Records Center (NPRC)


* His letter to NPRC
* National Archives and Records Administration Inquire Form Submission Confirmation

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.  With respect to the BSM, based upon his application, the evidence of record, and accompanying supporting documents he has submitted, it does not appear that the applicant was recommended for or awarded the BSM.  

	a.  The governing law and regulations place time limitations on submission of award recommendations.  Absent any evidence of record or independent evidence provided by the applicant that shows he was recommended for or he was awarded the BSM the proper award authority, his request exceeds these statutory and regulatory time limitations.  

	b.  However, Section 1130 of the U.S. Code (10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under 10 USC 1130, he must submit a DA Form 638 (Recommendation for Award).  The DA Form 638 should clearly identify his unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which he is requesting recognition must accompany the DA Form 638.  In addition, his award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.  


	c.  10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, he must submit his request through a Member of Congress to the Secretary of the Army at the following agency: U.S. Army Human Resources Command (USAHRC), ATTN: SGS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. 

	d.  If the applicant chooses to pursue the BSM by submitting a request under the provisions of 10 USC 1130, and his request is subsequently denied by USAHRC, he may reapply to the ABCMR.  Therefore, the BSM issue will not be discussed further in the Record of Proceedings. 

3.  His military records show he enlisted in the Regular Army in pay grade 
E-1 on 2 October 1967, for 3 years.  He completed training and was awarded military occupational specialty 94B, Cook.

4.  He served in Vietnam from 2 March 1969 through 5 March 1970, during three campaigns.  He was assigned to:

* Headquarters and Headquarters Company, 3rd Battalion, 39th Infantry, 9th Infantry Division from 12 March to 11 August 1969
* Headquarters and Headquarters Company, 3rd Brigade, 9th Infantry Division from 12 August 1969 to 4 May 1970

5.  His records do not show he served in Germany or had any other foreign service.

6.  He was honorably released from active duty in pay grade E-5 on 6 May 1970 and he was transferred to the U.S. Army Reserve.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:

* Army Commendation Medal
* Army of Occupation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no 
evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  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 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.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) states the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  The Army of Occupation Medal with Germany Clasp is authorized for service with the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.  The clasp is a bronze bar with the word "Germany" to denote occupation duty rendered in Europe.

10.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.  

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 his unit, Headquarters and Headquarters Company, 3rd Battalion, 39th Infantry, 9th Infantry Division, was cited for the:

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

12.  Department of the Army Pamphlet 672-3 shows his unit, Headquarters and Headquarters Company, 3rd Brigade, 9th Infantry Division, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969-20 July 1970 by Department of Army General Orders Number 55, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969-20 July 1970 by Department of Army General Orders Number 55, dated 1961

13.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant appears to have met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this medal.  There is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 2 October 1967 through 6 May 1970 and correction of his DD Form 214 to show this award.

2.  The evidence confirms he participated in three campaigns while serving in Vietnam.  Therefore, he is also entitled to award of three bronze service stars to be affixed to his Vietnam Service Medal.

3.  General orders awarded his units the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

4.  In accordance with regulatory guidance, not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

5.  He contends he was awarded the Army of Occupation Medal in error.  The evidence of record supports his contention that he did not complete a qualifying period of service for this award.  Therefore, he is entitled to its deletion from his DD Form 214.

6.  In view of the foregoing, his records should be corrected as recommended below.


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.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 2 October 1967 through 6 May 1970; 

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

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Two Republic of Vietnam Gallantry Cross with Palm Unit Citations
* Two Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations



      __________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)                                         AR20110003262





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110003262



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1