IN THE CASE OF:	   

		BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110006132 


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 his records be corrected to show all of his awards.

2.  The applicant states several awards were omitted from his DD Form 214 (Report of Transfer or Discharge), specifically his third Bronze Star Medal and third Army Commendation Medal.

3.  The applicant provides copies of his DD Form 214, a National Personnel Records Center letter, two Army Commendation Medal Certificates, and three Bronze Star Medal Certificates.

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 22 August 1968, completed training, and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's records contain orders for the following awards:

	a.  Bronze Star Medal with "V" Device for heroism on 7 January 1970;

	b.  Bronze Star Medal with "V" Device and first Oak Leaf Cluster for heroism on 1 February 1970;

	c.  Bronze Star Medal with second Oak Leaf Cluster for meritorious achievement for the period August 1969 through August 1970;

	d.  Army Commendation Medal for meritorious achievement for the period 1 December 1969 through 31 January 1970;

	e.  Army Commendation Medal with "V" Device and first Oak Leaf Cluster for heroism on 17 February 1970; and

	f.  Army Commendation Medal with "V" Device and second Oak Leaf Cluster for heroism on 27 February 1970; 

	g.  Purple Heart on 17 March 1970;

	h.  Combat Infantryman Badge on 4 February 1970; 

	i.  Sharpshooter Marksmanship Qualification Badge with Rife Bar on 10 October 1968.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  advancement to sergeant (E-5) effective 22 April 1969;

	b.  service in Vietnam with Troop B, 3d Squadron, 4th Cavalry Regiment from 21 September 1969 through 4 September 1970 and D Company, 51st Infantry Regiment from 6 September 1970 through 22 March 1971;

	c.  conduct and efficiency ratings as exclusively "excellent"; and

	d.  award of only those awards covered in the above orders.

5.  Item 24 of his DD Form 214 lists the applicant's awards as the National Defence Service Medal, Vietnam Service Medal, Bronze Star Medal with "V" Device and one Oak Leaf Cluster, Purple Heart, Army Commendation Medal with "V" Device and one Oak Leaf Cluster, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, [a second entry for] Bronze Star Medal, and the Sharpshooter Marksmanship Qualification Badge with Rife Bar.

6.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

7.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to locate any award other than those noted in the above orders.

8.  The NPRC letter lists only those awards covered by his DD Form 214.

9.  Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973. 

10.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following four campaign periods:  the Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969; Vietnam Winter–Spring 1970; 1 November 1969 - 30 April 1970; DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.

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, 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.  

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states all awards and decorations for all periods of service are to be listed in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records and abbreviations are not to be used.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214, at item 24, does not properly list the applicant's awards in priority sequence, has a duplicate entry for the Bronze Star Medal, and uses nothing but abbreviations.  It is appropriate delete all entries at item 24 and replace it with the properly-constituted entries as shown below.

2.  The applicant's records contain orders for three Bronze Star Medals, two with "V" Device and three Army Commendation Medals, two with "V" Device.  However, his DD Form 214 does not show these awards correctly.  It is appropriate to correct these errors.

3.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 22 August 1968 through 27 March 1971.

4.  The applicant served in Vietnam during four campaign periods and is authorized award of the Vietnam Service Medal with four bronze service stars.

5.  The applicant is authorized to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It is appropriate to add this award to his DD Form 214.

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 all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Army Good Conduct Medal for his period of service from 22 August 1968 through 27 March 1971;

	b.  deleting all entries from item 24 on the DD Form 214; and

	c.  showing in item 24 of his DD Form 214 his awards as the Bronze Star Medal with "V" Device and two oak leaf clusters, Army Commendation Medal with "V" Device and two oak leaf clusters, Purple Heart, Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.



      ____________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)                                         AR20110006132





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ABCMR Record of Proceedings (cont)                                         AR20110006132



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