IN THE CASE OF:	  

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110009901 


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.

2.  He states that he was awarded the Bronze Star Medal and it was never listed on his DD Form 214.  

3.  He provides:

* Bronze Star Medal Citation and Certificate
* DD Form 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's military records show he was inducted into the Army of the United States on 27 March 1968.  He completed training and was awarded military occupational specialty 71H (Personnel Specialist).

3.  He served in Vietnam from on or about 3 July 1969 to on or about 11 March 1970, during two campaigns.  He was assigned to the Advisory Team 75, Delta Military Assistance Command, U.S. Army Advisory Group, IV Corps Tactical Zone.  

4.  General Orders Number 1107 issued by the U.S. Military Assistance Command, Vietnam, on 1 March 1970 awarded him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in Vietnam during the period July 1969 to March 1970.

5.  He provided copies of the resulting citation and certificate for the Bronze Star Medal.

6.  He was honorably released from active duty in pay grade E-5 on 11 March 1970, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device 1960

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  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 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.

10.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states authorized bronze service stars will be worn on the appropriate service medal, in this case the Vietnam Service Medal.

11.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal for meritorious service in Vietnam.  Therefore, he is entitled to correction to his DD Form 214 to show award of the Bronze Star Medal.

2.  The evidence of record also shows he appears to have met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this medal.  There is no evidence of record which shows he was disqualified by his commander for this medal.  Therefore, his DD Form 214 should be corrected to show the Army Good Conduct Medal (1st Award) for the period 27 March 1968 through 11 March 1970.

3.  The evidence of record also confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.

4.  The evidence of record also shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is also entitled to the addition of this badge to his DD Form 214.

5.  General orders awarded all units assigned to Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

6.  In view of the foregoing, his records should be corrected as recommended below.


BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 (1st Award) for the period 27 March 1968 through 11 March 1970; 

	b.  deleting from Item 24 of his DD Form 214 the entry, "Vietnam Service Medal”; and 

	c.  adding to Item 24 of his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _______ _   __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)                                         AR20110009901





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ABCMR Record of Proceedings (cont)                                         AR20110009901



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