BOARD DATE:	 29 November 2011

		DOCKET NUMBER:  AR20110008522 


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, Army Good Conduct Medal (AGCM), and all other authorized decorations, medals, and badges.

2.  The applicant states he received other awards, to include the Army Good Conduct Medal, but his copy of the DD Form 214 only shows the National Defense Service Medal.  He is proud to have served his country and would do it again if called. 

3.  The applicant provides:

* a letter from a Presidio County Veterans Service Officer, dated 19 April 2011
* Bronze Star Medal Certificate for the period January 1968 to October 1968
* his DD Form 214
* his DD Form 215 (Correction to DD Form 214), dated 20 December 2000

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 6 October 1966.  After completing training he was awarded military occupational specialty 13A (field artillery basic).

3.  He served in the Vietnam from 5 January 1968 to 23 September 1968 while assigned to Battery C, 7th Battalion, 13th Artillery.

4.  On 23 September 1968, he was honorably released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He served 1 year, 11 months, and 18 days of total active service.  His record contains a DD Form 214 that shows in item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar

5.  His military personnel record does not contain any orders for award of the Bronze Star Medal.

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

7.  He provided a letter of support from the Presidio County Veterans Service officer and a copy of a BSM certificate for the period January to October 1968.


8.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings during his military service.  His record is void of any derogatory information or a commander's disqualification that could serve to disqualify him for this award.

9.  Army Regulation 600-8-22 (Military Awards) states 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 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. (emphasis added).

10.  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 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.  

11.  Army Regulation 600-8-22, 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 four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 22 February 1969)

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 7th Battalion, 13th Artillery, the unit to which the applicant was assigned, was cited for award of the:

* Meritorious Unit Commendation for the period 9 November 1966 through 31 December 1968 by Department of the Army General Order (DAGO) Number 70, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by DAGO Number 54, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Bronze Star Medal, Army Good Conduct Medal, and all other authorized decorations, medals, and badges was carefully considered and found to have partial merit.

2.  The evidence of record confirms he honorably served during the period
6 October 1966 through 23 September 1968.  He received all "excellent" conduct and efficiency ratings and there is no record of any derogatory information or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four 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 Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  There is no evidence of record showing he was recommended for or awarded the Bronze Star Medal by official orders.  Additionally, a review of ADCARS did not reveal any orders for the Bronze Star Medal pertaining to the applicant.  Although he submitted a Bronze Star Medal Certificate in support of his application, the certificate alone is insufficient for adding the Bronze Star Medal to his DD Form 214.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

6.  The applicant further contends his copy of the DD Form 214 only shows award of the National Defense Service Medal.  However, his official military personnel file contains a copy of his DD Form 214 that shows the awards as listed in CONSIDERATION OF EVIDENCE, paragraph 4.  Therefore, a copy of the referenced DD Form 214 will be provided to the applicant with these Proceedings.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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 partial 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
6 October 1966 through 23 September 1968; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 

2.  The Board further determined that 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 adding a Bronze Star Medal to 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)                                         AR20110008522



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ABCMR Record of Proceedings (cont)                                         AR20110008522



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