IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110004945 


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 two bronze service stars.  

2.  He states he needs correction of his DD Form 214 to show the two bronze service stars that were never awarded to him.  

3.  He provides two DD Forms 214.   

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 enlisted in the Regular Army on 26 June 1969.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 335th Aviation Company (Assault Helicopter) in Vietnam on 16 January 1970.  He was promoted to specialist four (SP4) on 10 June 1970.

3.  He was honorably discharged on 5 October 1970 for the purpose of immediate reenlistment. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows award of the National Defense Service Medal, Vietnam Service Medal, and Army Commendation Medal.

5.  On 6 October 1970, he reenlisted for a period of 6 years.  

6.  On 9 October 1970, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice for being absent from his unit.  His punishment consisted of being reduced to private first class (PFC)/E-3 and extra duty for 45 days.  

7.  He departed Vietnam on 30 November 1970 en route to his follow-on assignment to Fort Bliss, TX.  

8.  His service records contain General Orders Number 11820, dated 1 December 1970, which show he was awarded the Air Medal for meritorious achievement while participating in aerial flight from 5 to 13 May 1970.  

9.  Item 38 of his DA Form 20 shows he was reassigned to the 79th Transportation Company (Air Defense Squadron) in Vietnam on 1 June 1971 and he received “excellent” conduct and efficiency ratings and one rating of “unknown” during his period of active duty service.  

10.  He was honorably released from active duty on 13 October 1971 in the rank of PFC/E-3.  He completed 2 years, 3 months, and 18 days total active service with no lost time.  His record does not contain any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

11.  Item 24 of his DD Form 214 for the period ending 13 October 1971 shows award of the Vietnam Service Medal with two bronze service stars, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar.   

12.  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 units to which he was assigned were cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the 
period 15 December 1969 to 10 October 1970 by Department of the Army General Orders (DAGO) Number 52, dated 1971;

	b.  Meritorious Unit Commendation for the period 1 August 1971 to 30 April 1972 by DAGO Number 32, dated 1973; and

   c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit 
Citation for the period 1 January to 31 December 1971 by DAGO Number 32, dated 1973.

13.  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, participation credit was awarded for the:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

14.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 for the period ending 13 October 1971 currently reflects the Vietnam Service Medal with two bronze service stars.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, he is entitled to correction of this DD Form 214 to show two additional bronze service stars (a total of four bronze service stars) for wear on his already-awarded Vietnam Service Medal.  

2.  General orders show he was awarded the Air Medal on 1 December 1970; therefore, his DD Form 214 for the period ending 13 October 1971 should be amended to reflect this award.

3.  The evidence of record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period from 26 June 1969 through 13 October 1971.  Although he received one Article 15 and a rating of “unknown”, these are not disqualifying factors for receiving the first award of the Army Good Conduct Medal.  He was advanced to SP4/E-4 and he received award of the Army Commendation Medal during this period.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and is entitled to correction of his DD Form 214 for the period ending 13 October 1971 to show this award.

4.  He was assigned to units in Vietnam during periods they were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 13 October 1971 to show these awards.

BOARD VOTE:

___X____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the DD Form 214 for the period ending 13 October 1971 of the individual concerned be corrected by:

   a.  deleting the Vietnam Service Medal with two bronze service stars from item 24; 
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 26 June 1969 through 13 October 1971; and 
   
   c.  adding award of the Vietnam Service Medal with four bronze service stars, Air Medal, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24.




      __________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)                                         AR20110004945





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004945



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1