IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110011301 


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 that the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 27 September 1968.

2.  The applicant states the Bronze Star Medal is not listed on his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* a certificate for the Bronze Star Medal

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.  He was inducted into the Army of the United States on 28 September 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 64B (Heavy Vehicle Driver).

3.  He was assigned to 1st Battalion, 18th Infantry in the Republic of Vietnam from 11 March 1967 to 25 February 1968.  He was promoted to specialist four/pay grade E-4 on 21 July 1967.

4.  The award of the Bronze Star Medal is not shown in item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record).

5.  On 27 September 1968, he was released from active duty.  He completed 
2 years of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  The Awards and Decorations Computer-Assisted Retrieval System (ADCARS) is 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.  ADCARS provided Headquarters, 1st Infantry Division General Orders Number 2136, dated 10 March 1968, awarding the applicant the Bronze Star Medal for meritorious service from March 1967 to January 1968.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information.  His DA Form 20 shows he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant’s assignment to the 1st Battalion, 18th Infantry the unit was awarded the:

* Valorous Unit Award - 6 October to 10 December 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 12 July 1965 to 16 October 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 12 July 1965 to 7 April 1970

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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.  Orders obtained from ADCARS awarded the applicant the Bronze Star Medal. Therefore, this award should be added to his DD Form 214.

2.  His records do not show indiscipline, lost time, or a record of courts-martial.  He received "excellent" conduct and efficiency ratings throughout his military service and there is no record of a commander's disqualification.  He was promoted to specialist four in less than one year.  Therefore, the evidence is sufficient to show the applicant was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 28 September 1966 to 27 September 1968 ending with the termination of a period of active Federal service.

3.  Based on his service with the 1st Battalion, 18th Infantry he is authorized the:

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 him the Army Good Conduct Medal (1st Award) for the period of service from 28 September 1966 to 27 September 1968; and

	b.  amending item 24 of his DD Form 214 to include the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20110011301



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ABCMR Record of Proceedings (cont)                                         AR20110011301



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