IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110013990 


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 and any additional awards or decorations to which he is entitled.

2.  He states he received the Bronze Star Medal when he returned to the United States following his service in the Republic of Vietnam.  He contends his DD Form 214 should show all of the awards and decorations he earned while serving his country in Vietnam.

3.  He provides 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.  His record shows he enlisted in the Regular Army on 3 January 1968 and held military occupational specialty 76Y (Supply Specialist).  The highest rank/pay grade he attained while serving on active duty was sergeant/E-5.  On 17 December 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  His record contains General Orders Number 3023 issued by Headquarters, 4th Infantry Division, dated 12 June 1969, which awarded him the Bronze Star Medal for meritorious service in connection with military operations against an armed hostile force in the Republic of Vietnam from June 1968 to June 1969.

4.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam during the period 6 June 1968 through 7 June 1969.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served in Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division, from 17 June 1968 to 6 June 1969.

	c.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  A review of the applicant's record revealed he is entitled to additional awards and decorations.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  The unit to which the applicant was assigned while serving in the Republic of Vietnam was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Bronze Star Medal and any additional awards or decorations to which he is entitled was carefully considered and determined to have merit.

2.  General orders awarded him the Bronze Star Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during his tenure.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

4.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 6 January 1968 to 17 December 1970 and his DD Form 214 should be corrected to show this award.








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 him the Army Good Conduct Medal (1st Award) for the period 3 January 1968 through 17 December 1970; and

	b.  adding the following awards to item 24 of his DD Form 214:

		(1)  Bronze Star Medal,

		(2)  Army Good Conduct Medal (1st Award),

		(3)  Republic of Vietnam Gallantry Cross with Palm Unit Citation, and

		(4)  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)                                         AR20110013990



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ABCMR Record of Proceedings (cont)                                         AR20110013990



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