IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110013133 


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 record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Bronze Star Medal (BSM) and all other awards he is eligible to receive.  

2.  The applicant states his DD Form 214 is missing the BSM and other awards he received.  

3.  The applicant provides no documentary evidence in support of his application. 

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 record shows the applicant enlisted in the Regular Army on 6 March 1967, and was trained in, awarded, and served in military occupational specialty (MOS) 71H (Personnel Specialist).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 20 December 1968 through 19 December 1969.  Item 33 (Appointments and Reductions) shows he was promoted to the rank of staff sergeant/E-6 (SSG/E-6) on 28 June 1969, and this is the highest rank he attained while serving on active duty. 

4.  Item 38 (Record of Assignments) of the DA Form 20 shows that during his RVN tour of duty, the applicant was assigned to the 508th Quartermaster Detachment from 26 December 1968 through 13 February 1969; and to Headquarters and Headquarters Detachment (HHD), United States Army Support Command (USASUPCOM), Da Nang, United States Army Pacific (USARPAC), from 14 February through 16 December 1969, performing duties in MOS 71H as a company clerk.  It also shows he received no less than “excellent” conduct and efficiency ratings at all of his active duty assignments. 

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not include the BSM.  It does list the following earned awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal (RVNCM) with Device 1960
* 2 Overseas Service Bars
* Army Commendation Medal (ARCOM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  The applicant's military personnel records jacket (MPRJ) is void of orders awarding the BSM.  It does contain the following General Orders (GO) awarding the applicant the ARCOM and ARCOM 1st Oak Leaf Cluster for the reasons and periods indicated:

   a.  Headquarters, U.S. Army Air Defense Center, Fort Bliss, Texas GO Number (#) 176, dated 23 December 1968, meritorious service, 6 May to 
18 December 1968; and 
   
   b.  Headquarters, USASUPCOM, Da Nang, GO # 800, meritorious achievement, December 1968 to July 1969. 
   
7.  The MPRJ is void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

8.  On 20 December 1969, the applicant was honorably released from active duty after completing a total of 2 years, 9 months, and 15 days of active military service. 

9.  The DD Form 214 issued to the applicant upon his separation shows, in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), that he earned the following awards during his active duty tenure:

* NDSM
* VSM
* RVNCM with Device 1960
* 2 Overseas Service Bars
* ARCOM
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

10.  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 BSM orders for the applicant. 

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance for the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968- 22 February 1969)
* TET 69 Counteroffensive (23 February-8 June 1969) 
* Vietnam Summer-Fall 1969 (9 June-31 October 1969) 
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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, 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his assignment tenure, the applicant's unit (USASUPCOM, DA Nang) was awarded the Meritorious Unit Commendation (MUC) for the period 1 January 1969 through 30 June 1970 by Department of the Army General Order (DAGO) # 36, dated 1970.  

14.  DAGO # 8, dated 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in Vietnam during the 8 February 1962 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the BSM and all other awards he is eligible to receive to his DD Form 214 has been carefully considered and was found to have partial merit.  

2.  The evidence of record confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, his record is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 
6 March 1967 through 20 December 1969, and to add this award to his DD Form 214.

3.  The evidence of record also confirms that based on the applicant’s RVN service and campaign participation, he is eligible for the MUC, RVN Gallantry Cross with Palm Unit Citation, and 4 bronze service stars to be worn with his VSM.  Therefore, it would be appropriate to add these awards to his DD Form 214.  

4.  The record also contains orders confirming the applicant was awarded the ARCOM for meritorious service during the period 6 May to 18 December 1968, and the ARCOM 1st Oak Leaf Cluster (2nd Award) for meritorious achievement during the period December 1968 to July 1969.  However, his record and
DD Form 214 only document one award of the ARCOM.  Therefore, it would be appropriate to correct his record and DD Form 214 accordingly.  

5.  The record is void of any entries or documents showing the applicant was ever recommended for or awarded the BSM by proper authority while serving on active duty.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  

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.   awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 6 March 1967 through 20 December 1969; and 
   
   b.  amending item 24 of his DD Form 214 by deleting the current VSM and ARCOM entries and adding the following awards:
   
* Army Good Conduct Medal 
* Vietnam Service Medal with 4 bronze service stars
* ARCOM 1st Oak Leaf Cluster (2nd Award)
* 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 the 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)                                         AR20110013133



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ABCMR Record of Proceedings (cont)                                         AR20110013133



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