IN THE CASE OF:	  

		BOARD DATE:  21 February 2012

		DOCKET NUMBER:  AR20110016006 


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 record to add the Bronze Star Medal (BSM) with Oak Leaf Cluster and BSM with "V" Device.

2.  He states the awards are not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and he has the award certificates for them.

3.  He provides his DD Form 214, a general order, two BSM Citations, and two BSM Certificates.

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 was inducted into the Army of the United States on 13 April 1970.  After completing initial entry training, he was awarded military occupational specialty 11C (Indirect Fire Infantryman) and assigned to duty in Vietnam.

3.  His DA Form 20 shows in:

* item 31 (Foreign Service) he was credited with service in Vietnam from 1 October to 15 December 1970
* item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings
* item 41 (Awards and Decoration) he was authorized the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* BSM
* BSM (1st Oak Leaf Cluster)
* Purple Heart
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  His official records indicate that on 18 November 1970, Headquarters,
23d Infantry Division, issued:

* General Order (GO) Number 15204 announcing award of the BSM to him for meritorious service from October to November 1970
* GO Number 15205 announcing award of the BSM (1st Oak Leaf Cluster) for meritorious achievement during the period 2 October to 16 November 1970

5.  On 23 March 1972, he was retired for permanent disability after completing 1 year, 11 months and 11 days of total active service.

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

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)


* Purple Heart
* Expert Marksmanship Qualification Badge with Pistol Bar

7.  His official military personnel file does not contain orders awarding him the BSM with "V" Device.  

8.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding him the BSM with "V" Device.

9.  He provides BSM Citations and Certificates reflecting the information shown in the orders issued by Headquarters, 23d Infantry Division, listed above.

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, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  A bronze "V" device is worn with the BSM to denote an award for heroism.  An oak leaf cluster is awarded to denote the second and succeeding awards of the BSM.

11.  A review of the available records indicates entitlement to additional awards and decorations not shown on his DD Form 214.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.

13.  His record is void of documentation showing he received a commander's disqualification for award of the AGCM.  

14.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The 


Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with one campaign:  Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971).

15.  Department of the Army GO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has requested correction of his record to show he was awarded the BSM with "V" Device.  In the absence of orders showing he was awarded the BSM for heroism, there is no basis for correcting his record to show the BSM with "V" Device.

2.  GO awarded him the BSM for meritorious service from October to November 1970 and the BSM (1st Oak Leaf Cluster) for meritorious achievement during the period 2 October to 16 November 1970.  Therefore, he is entitled to correction of his DD Form 214 to show the BSM (2d Award).

3.  He was awarded the VSM and he participated in one campaign while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star for wear on the previously-awarded VSM.

4.  The FSM received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of conviction by court-martial and no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service from 13 April 1970 to 23 March 1972 and to correct his DD Form 214 to show this award.

5.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification Badge with Mortar Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

6.  He was assigned to a unit in Vietnam during a period for which it was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.


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 AGCM (1st Award) for the period 13 April 1970 to 23 March 1972; 

	b.  deleting the VSM from item 24 of his DD Form 214; and 

	c.  adding to item 24 of his DD Form 214 the:

* BSM (2d Award)
* AGCM (1st Award)
* VSM with one bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Mortar Bar
* RVN 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 the BSM with "V" Device.



      _______ _  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)                                         AR20110016006





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ABCMR Record of Proceedings (cont)                                         AR20110016006



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