IN THE CASE OF:	  

		BOARD DATE:	  14 September 2011

		DOCKET NUMBER:  AR20110004796 


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 award of the Bronze Star Medal with “V” Device (BSM w/ “V” device) be added to his DD Form 214.

2.  The applicant states that his award of the BSM w/ “V” device was omitted from his DD Form 214.

3.  The applicant provides a copy of orders awarding him the BSM w/ “V” device.

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 in Detroit, Michigan on 19 September 1968.  He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 10 February 1969 for assignment to Company B, 3d Battalion, 21st Infantry Regiment.

3.  After participating in four campaigns, he departed Vietnam on 22 April 1970 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on 23 April 1970 as an overseas returnee.  He had served 1 year, 7 months, and 5 days of active service.  His DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, and the Purple Heart.

4.  On 25 October 1969, General Orders Number 11039 issued by Headquarters, Americal Division awarded the applicant the BSM w/ “V” Device for heroism on 20 August 1969.

5.  A review of the applicant’s official records shows that he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  There must have been no convictions by a court-martial.  

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit was awarded the Valorous Unit Award (VUA) and the RVN Gallantry Cross with Palm Unit Citation during the period he served with the unit. 

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.     


DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM w/ “V” device and thus is entitled to have it added to his DD Form 214 at this time. 

2.  The applicant served in four campaigns and is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal (VSM).  Accordingly, they should be added to his DD Form 214 at this time.

3.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 19 September 1968 through 23 April 1970.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.

4.  The evidence suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected and the applicant should be awarded the AGCM at this time. 

5.  Additionally, the applicant’s unit was awarded the VUA and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, he is entitled to have those awards added to his DD Form 214 at this time.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the award of the VSM from his DD Form 214
* Adding the award of the VSM with four bronze service stars to his DD Form 214
* Adding the award of the BSM w/ “V” device to his DD Form 214
* Adding the awards of the VUA and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
* Awarding him the AGCM (first award) for his service from 19 September 1968 through 23 April 1970 and adding it to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20110004796





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ABCMR Record of Proceedings (cont)                                         AR20110004796



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