IN THE CASE OF:	  

		BOARD DATE:  1 March 2012

		DOCKET NUMBER:  AR20110017713 


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 add the Bronze Star Medal (BSM).

2.  The applicant states the BSM was not included in the list of awards on his DD Form 214.

3.  The applicant provides his BSM Certificate and Citation 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 applicant was inducted into the Army of the United States on 12 May 1965 and was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).  He served until 11 May 1967, at which time he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).  The DD Form 214 he was issued at that time shows he earned the following awards:

* Vietnam Service Medal (VSM)
* National Defense Service Medal (NDSM)
* Republic of Vietnam Campaign Medal (RVNCM)
* Driver and Mechanic Badge with Driver Bar
* Combat Medical Badge (CMB)

3.  Upon his transfer to the USAR, he continued to serve on active duty in that status.  His DA Form 20 shows he served in the Republic of Vietnam (RVN) from 25 October 1965 through 23 August 1967.  Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Troop (HHT), 3rd Squadron, 4th Cavalry Regiment, performing duties in MOS 91B as a medical aidman during his RVN service.

4.  Item 38 of the DA Form 20 further shows he received "excellent" conduct and efficiency ratings in all of his active duty assignments.

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any derogatory information or a unit commander's disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

6.  The applicant's MPRJ contains Headquarters, 25th Infantry Division, General Orders Number 3709, dated 18 September 1967, which awarded him the BSM for meritorious service during the period March 1966 to September 1967.

7.  On 18 September 1967, the applicant was honorably released from active duty in the rank/grade of specialist five/E-5 after completing a total of 2 years, 4 months, and 7 days of active service.  The DD Form 214 he was issued at that time shows he earned the following awards:

* NDSM
* VSM
* RVNCM
* CMB
* Driver and Mechanic Badge

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Defense Campaign (8 March-24 December 1965)
* Vietnam Counteroffensive Phase I (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

9.  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.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register). was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit, HHT, 3rd Squadron, 4th Cavalry, was cited for the following awards in the Department of the Army general orders (DAGO) listed for the periods indicated:

* RVN Gallantry Cross with Palm Unit Citation (March 1966-August 1968), DAGO 48, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation (15 March 1966-21 January 1970), DAGO 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the BSM to his DD Form 214 has been carefully considered and found to have merit.  His MPRJ contains BSM orders showing the applicant earned the award for meritorious service in the RVN which corroborates the information contained in the BSM Certificate and Citation provided by the applicant.  Therefore, it would be appropriate to add this award to his 18 September 1967 DD Form 214.

2.  The evidence of record also confirms the applicant received "excellent" conduct and efficiency ratings in all of his active duty assignments.  Further, his record is void of any derogatory information or a unit commander's disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying honorable active duty service from 12 May 1965 thorough 18 September 1967 and to add this award to his 18 September 1967 DD Form 214.

3.  The evidence also confirms that based on his RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars with his VSM.  As a result, it would also be appropriate to add these awards to his 18 September 1967 DD Form 214.

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 AGCM (1st Award) for the period 12 May 1965 through 18 September 1967 and

	b.  amending his 18 September 1967 DD Form 214 by deleting the current VSM entry and adding the:

* BSM
* AGCM (1st Award)
* VSM with four bronze service stars


* RVN Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20110017713



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ABCMR Record of Proceedings (cont)                                         AR20110017713



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