IN THE CASE OF:	  

		BOARD DATE:	  6 March 2012

		DOCKET NUMBER:  AR20110018143 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he has two awards of the Bronze Star Medal (BSM) and the award of the Presidential Unit Citation (PUC).

2.  The applicant states that his two awards of the BSM and his award of the PUC are not reflected on his DD Form 214. 

3.  The applicant provides copies of citations for his two BSMs and the PUC.

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 in Louisville, Kentucky on 30 August 1968.  He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a cannoneer at Fort Sill, Oklahoma before being transferred to Vietnam on 1 January 1969 for assignment to C Battery, 2d Battalion, 
11th Artillery Regiment, 101st Airborne Division.

3.  On 23 July 1969, General Orders Number 9404 issued by Headquarters, 101st Airborne Division, awarded the applicant the Army Commendation Medal (ARCOM) for the period 1 January to 31 May 1969.

4.  On 30 August 1969, General Orders Number 11471 issued by Headquarters, 101st Airborne Division, awarded the applicant the BSM for the period of 1 January to 31 August 1969.

5.  On 27 October 1969, General Orders Number 13276 issued by Headquarters, 101st Airborne Division, awarded the applicant the ARCOM with "V" Device for heroism on 14 June 1969.

6.  On 30 November 1969, General Orders Number 14142 issued by Headquarters, 101stAirborne Division, awarded the applicant the BSM for the period of 1 February to 30 November 1969.

7.  The applicant served in four campaigns And departed Vietnam on 1 January 1970 for assignment to Fort Stewart, Georgia where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He had served 2 years of active service and his DD Form 214 reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the BSM and the ARCOM with "V" Device.

8.  A review of his official records shows that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

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.  Department of the 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 the applicant's unit was cited for awards of the PUC, the Valorous Unit Award (VUA), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment to the unit.

11.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded two awards of the BSM during his tour in Vietnam and is entitled to have the award of the BSM with one oak leaf cluster (BSM with 1OLC) added to his DD Form 214.

2.  The applicant was also awarded the ARCOM and the ARCOM with 
"V" Device.  Accordingly, he is entitled to have the award of the ARCOM with 
"V" Device and 1OLC added to his DD Form 214. 

3.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 30 July 1968 through 29 July 1970.  This conclusion is based on the fact that his record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.  The evidence further suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting his DD Form 214 to show this award.

4.  The applicant served in four campaigns in Vietnam and thus is entitled have four bronze service stars added to his VSM. 

5.  The applicant’s unit was awarded the PUC, the VUA, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.
BOARD VOTE:

___x____  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

* Deleting the award of the VSM from block 24 of his DD Form 214
* Adding the award of the VSM with four bronze service stars to block 24 of his DD Form 214
* Deleting the award of the ARCOM with "V" Device from block 24 of his 
DD Form 214
* Adding the award of the ARCOM with "V" Device and 1OLC to block 24 of his DD Form 214
* Deleting the award of the BSM from block 24 of his DD Form 214
* Adding the award of the BSM with 1OLC to block 24 of his DD Form 214
* Adding the awards of the PUC, VUA, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to block 24 of his DD Form 214
* Awarding him the AGCM (first award) for the period of 30 July 1968 through 29 July 1970 and adding it to block 24 of 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)                                         AR20110018143





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ABCMR Record of Proceedings (cont)                                         AR20110018143



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