IN THE CASE OF:	  

		BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20110007931 


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 and Air Medal.

2.  He states these awards were not included on his DD Form 214.

3.  He provides copies of his DD Form 214 and Bronze Star Medal and Air Medal Certificates and Citations.

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 8 June 1967.  The highest rank/grade he attained was sergeant (SGT)/E-5.

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

* item 31 (Foreign Service) – he served in Vietnam from 29 December 1967 to 22 December 1968
* item 38 (Record of Assignments) – he was assigned to:

* Company A, 1st Battalion (Airborne), 502nd Infantry Regiment, from 31 December 1967 to 24 September 1968
* Company C, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade, from 25 September 1968 to 20 December 1968

* item 38 – he received "excellent" conduct and efficiency ratings throughout his service
* item 41 (Awards and Decorations) – no Bronze Star Medal or Air Medal

4.  General Orders Number 10965, dated 20 December 1968, awarded him the Air Medal for meritorious achievement while participating in aerial flight on 1 February 1968.

5.  He provides an award certificate and citation for the Bronze Star Medal for meritorious achievement [citation indicates "meritorious service"] in the Republic of Vietnam from 1 January to 31 August 1968.  His service record doesn't contain any orders for award of the Bronze Star Medal.

6.  He was honorably released from active duty on 5 June 1970 in the rank of SGT.  He completed 2 years, 11 months, and 28 days of active military service with no lost time.  There is no record of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Bronze Star Medal pertaining to the applicant.

8.  Item 24 (Decorations, Medals Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Purple Heart (1st Oak Leaf Cluster), Parachutist Badge, and Purple Heart.

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 unit to which the applicant was assigned was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April to 15 August 1968 by Department of the Army General Orders Number 21, dated 1969; and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by Department of the Army General Orders Number 48, dated 1971.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b. 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.  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 Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and Vietnam Counteroffensive Phase VI campaigns.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.  There must have been no convictions by a court-martial.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record doesn't include orders for award of the Bronze Star Medal.

2.  He provided an award certificate and a citation showing he was awarded the Bronze Star Medal.  However, absent orders authorizing him award of the Bronze Star Medal, there is insufficient evidence on which to base correction of his records to show this award.

3.  General orders show he was awarded the Air Medal.  Therefore, this medal should be added to his DD Form 214.

4.  It appears he met the regulatory requirements for the first award of the Army Good Conduct Medal based on a qualifying period of service from 8 June 1967 to 5 June 1970.  He received "excellent" conduct and efficiency ratings throughout his service, was promoted to SGT, received numerous awards, and had no record of any disciplinary actions or a commander's disqualification during this period.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

5.  He was assigned to a unit in Vietnam during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these foreign unit awards should be added to his DD Form 214.

6.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he is entitled to credit for participation in five campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect one silver service star for wear on his already-awarded Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 8 June 1967 to 5 June 1970;

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and

	c.  adding the Air Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing award of the Bronze Star Medal on his DD Form 214.



      __________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)                                         AR20110007931



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ABCMR Record of Proceedings (cont)                                         AR20110007931



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