IN THE CASE OF:	  

		BOARD DATE:	  14 September 2011

		DOCKET NUMBER:  AR20110003331 


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 add all awards, including the Bronze Star Medal.

2.  The applicant states the Bronze Star Medal was omitted from his DD Form 214 and he would like it included in his record.

3.  The applicant provides a copy of his Bronze Star Medal Certificate and 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, and 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's records show he was inducted into the Army of the United States on 6 May 1968.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 11C (infantry indirect fire crewman).

3.  The applicant served in Vietnam with Company C, 1st Battalion, 26th Infantry, 1st Infantry Division, during the period 14 October 1968 through 2 October 1969.

4.  General Orders Number 11223, dated 23 September 1968, show he was awarded the Bronze Star Medal.

5.  On 5 February 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of the remainder of his service obligation.  He held the rank/pay grade of sergeant/E-5 at the time of his separation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* National Defense Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal
* two overseas service bars
* Expert Marksmanship Qualification Badge with Mortar Bar (81 millimeter)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

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

8.  Department of the Army General Orders Number 53, dated 1970, awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period October 1965 through 7 April 1970.

9.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 6 May 1968 through 5 February 1970.  He consistently received "excellent" conduct and efficiency ratings.  There are no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.

10.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (2 June 1969-31 October 1969)

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

DISCUSSION AND CONCLUSIONS:

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

2.  General orders awarded the applicant the Bronze Star Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

3.  Records show he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  Orders awarded the applicant's unit the Vietnam Civil Actions Honor Medal First Class Unit Citation during the period of his service.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The evidence of record confirms he served honorably on active duty during the period 6 May 1968 through 5 February 1970.  His record is void any evidence that shows he had lost time or received nonjudicial punishment or court-martial action during this period of service.  His record shows he consistently received "excellent" conduct and efficiency ratings.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal during his period of service.

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 him the Army Good Conduct Medal (1st Award) for the period 6 May 1968 through 5 February 1970,

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

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Four bronze service stars for his previously-awarded Vietnam Service Medal
* 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)                                         AR20110003331



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ABCMR Record of Proceedings (cont)                                         AR20110003331



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