IN THE CASE OF:	  

		BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110013677 


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:

The applicant requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal (BSM) and Army Commendation Medal (ARCOM) and issuance of the actual BSM.

2.  He states that during May or June 1970 while assigned to the 517th Military Intelligence (MI) Detachment in Vietnam he was awarded the BSM and ARCOM in a ceremony.  He was presented with both medals.  He lost the medals while moving in 2003.  After writing the National Personnel Records Center in 2005, he was sent the citation for the ARCOM, but there was no citation or medal for the BSM.  Both medals were for meritorious service.  There is a gap on his DD Form 214 between the other awards listed.

3.  He provides a copy of his 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 record shows he was inducted into the Army of the United States on 18 July 1970.  He completed training and was awarded military occupational specialty 96C (Interrogator).  He served in Vietnam from 10 October 1969 through on or about 8 July 1970, during four campaigns.  He was assigned to the 517th MI Detachment, 1st Brigade, 5th Infantry Division (Mechanized).  

3.  General Orders Number 423, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), on 10 April 1970, awarded him the ARCOM for meritorious achievement in Vietnam from 11 July 1969 to December 1969.  A citation was also issued for this award.

4.  He was honorably released from active duty, in pay grade E-5, on 8 July 1970, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 11 months, and 21 days of net active service with no time lost.

5.  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
* Republic of Vietnam Campaign Medal with Device (1960)
* Two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his 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.

7.  Item 41 (Awards and Decorations) of his DA Form 20 lists the ARCOM.

8.  There are no official orders in his military personnel records authorizing him award of the BSM for meritorious service.


9.  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 any orders were published authorizing him award of the BSM for meritorious service.

10.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

11.  Army Regulation 672-5-1 (Decorations and 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.

12.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

13.  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.  Orders confirm the applicant was awarded the ARCOM during his service in Vietnam.  Therefore, he is entitled to correction to his DD Form 214 to show this award.

2.  The evidence of record appears to show he met the criteria for the first award of the Army Good Conduct Medal and there is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 18 July 1968 through 8 July 1970 and correction of his DD Form 214 to show this award.

3.  The evidence of record also shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed on his already-awarded Vietnam Service Medal.  

4.  General orders awarded all personnel assigned to Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his is also entitled to correction to his DD Form 214 to show this award.

5.  With respect to the BSM, pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the BSM.  His service records give no indication he was recommended for or awarded the BSM.  In view of the circumstances in this case, there is insufficient evidence for correcting his DD Form 214 by adding the BSM.

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 the applicant the Army Good Conduct Medal (1st Award) for the period 18 July 1968 through 8 July 1970;

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

	c.  adding the following awards to Item 24 of his DD Form 214:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* 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 correction to his DD Form 214 by adding the Bronze Star Medal.



      _______ _   _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)                                         AR20110013677





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ABCMR Record of Proceedings (cont)                                         AR20110013677



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