IN THE CASE OF:

		BOARD DATE:  13 March 2012

		DOCKET NUMBER:  AR20110018358
 

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.

2.  The applicant states that he earned the above award and it is not listed on his 
DD Form 214.

3.  The applicant provides copies of:

* Bronze Star Medal certificate and citation 
* 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 was inducted into the Army on 9 July 1970.  He completed training and was awarded military occupational specialty (MOS) 13E (Cannon Fire Direction Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) that he was assigned to Battery C, 6th Battalion, 
32d Artillery, Vietnam from 18 December 1970 until 18 September 1971, and to B Battery, 1st Battalion, 321st Artillery, Vietnam from 19 September 1971 until  11 January 1972.  He received all "excellent" conduct and efficiency ratings; and

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 12 January 1972, as a specialist four/E-4.  He had completed 1 year, 
6 months, and 4 days of total active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and One Overseas Service Bar. 

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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, revealed Headquarters, 101st Airborne Division General Orders Number 11808, dated 4 December 1971 awarded the applicant the Bronze Star Medal.  

7.  Army Regulation 672-5-1 (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; 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.  

8.  Army Regulation 600-8-22 (Military Awards) also contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase VII 1 July 1970 - 30 June 1971
* Consolidation I 1 July - 30 November 1971
* Consolidation II 1 December 1971 - 29 March 1972
9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 6th Battalion, 32d Artillery was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by Department of the Army General Orders (DAGO) Number 54, dated 1974, and the 1st Battalion, 321st Artillery was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March to October 1971, by DAGO Number 6,
dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Orders showing he was awarded the Bronze Star Medal are contained in ADCARS.  

2.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by receipt of a personal decoration and there is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that he was not awarded the medal due to an oversight.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award).

3.  Records show the applicant participated in three campaign periods during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  During the applicant's assignment in Vietnam his units were cited for one each award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  His DD Form 214 should be corrected to show the above awards.

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 
9 July 1970 to 12 January 1972; 

	b.  deleting from item 24 of his DD Form 21 the Vietnam Service Medal; and 

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

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)



      _______ _  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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20110018358



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