IN THE CASE OF:	  

		BOARD DATE:	    1 September 2011

		DOCKET NUMBER:  AR20110004036 


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) and the Air Medal (AM).

2.  He states:

* the awards are not on his DD Form 214
* they were issued after he was discharged

3.  He provides:

* a BSM certificate
* an AM 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, 

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 into the Army of the United States on 27 June 1968.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).

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

* item 31 (Foreign Service) he served in Vietnam from 14 December 1968 through 29 June 1969
* item 38 (Record of Assignments) he:

* was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airmobile), 506th Infantry Regiment, 101st Airborne Division in Vietnam as a rifleman from 1 January 1969 through 28 May 1969
* was assigned to the 249th General Hospital, Camp Drake, Japan as a patient on 29 May 1969
* was assigned to Letterman General Hospital, San Francisco, CA as a patient on 29 June 1969
* received all "excellent" conduct and efficiency ratings through his service

4.  There is also no evidence of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.

5.  General Orders Number 9496, issued by Headquarters, 101st Airborne Division (Airmobile), dated 24 July 1969, awarded him the AM for meritorious achievement in Vietnam on 26 April 1969.

6.  General Orders Number 11449, issued by the same headquarters, dated
30 August 1969, awarded him the BSM for meritorious service in Vietnam for the period 1 January 1969 to 31 August 1969.

7.  On 20 November 1969, he was retired by reason of a temporary disability.  He completed 1 year, 4 months, and 24 days of total active service.  Item 24 (Decorations, Medals, Bandages, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* 
Vietnam Service
* Purple Heart
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device "1960"

8.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying 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.

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 2nd Battalion, 506th Infantry Regiment, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969, by Department of the Army General Order (DAGO) Number 43, dated 1970; and
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 2 May 1970, by DAGO Number 48, dated 1971

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the BSM and AM.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  Evidence shows the applicant received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions 

or a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 27 June 1968 through 20 November 1969 and to correct his DD Form 214 to show this award.

3.  Records show the applicant participated in two campaign phases while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 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 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
27 June 1968 through 20 November 1969; and

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

* Bronze Star Medal
* Air Medal
* 
Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20110004036



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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