DOCKET NUMBER:  AR20110018395 


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 (BSM).

2.  He states:

* he was given the BSM when he was departing the Americal Division in the Republic of Vietnam
* his Representative in Congress sent him a congratulatory letter on 
29 January 1971
* his wife requested the issuance of his awards and he received the BSM as it is shown on his DA Form 1577 (Authorization for Issuance of Awards)

3.  He provides:

* a DA Form 1577
* a letter from his Representative in Congress

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 18 March 1969 and he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewmember).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments), he was assigned to Company A, 1st Battalion, 46th Infantry Regiment, Americal Division on 19 March 1970 
* item 38, he received all “excellent” conduct and efficiency ratings
* item 41 (Awards and Decorations), does not show award of the BSM

4.  On 24 January 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 10 months, and 7 days of total active service.  His DD Form 214:

   a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Army Commendation Medal, one overseas service bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

   b.  Item 30 (Remarks) shows he served in the Republic of Vietnam from 
4 March 1970 to 24 January 1971.

5.  He submitted a letter from his Representative in Congress, dated 29 January 1971, congratulating him for being awarded the BSM.

6.  His record contains a memorandum from the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated 14 June 1971, Subject:  Transmittal of Award Elements to the Commanding General, First Army, containing BSM award elements for the applicant.  The memorandum also shows no general orders were available at the time.  



7.  He submitted a DA Form 1577, dated 13 September 2002, that shows he was awarded the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal with bronze service star, Combat Infantryman Badge, Republic of Vietnam Campaign Ribbon with Device (1960).  However, this document does not show he was awarded the BSM.  

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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the BSM pertaining to the applicant.

9.  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.  

10.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who have 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 ends 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.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Register), paragraph 6d states that Department of the Army General Order (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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, the applicant participated in the following three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969 to 20 April 1970)
* Sanctuary Counteroffensive (1 May 1070 to 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971)

14.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record does not contain any orders that show award of the BSM.  However, he provides a letter from his Representative in Congress congratulating him for being awarded the BSM and his record contains a memorandum from the Office of the Adjutant General, U.S. Army Administration Center, showing the issuance of BSM award elements to the applicant.  These documents are accepted as sufficient evidence to corroborate that the applicant was awarded the BSM.  Therefore, it would appropriate to correct his DD Form 214 to show this award.   

2.  The available evidence shows the applicant served honorably from 18 March 1969 to 24 January 1971 and he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the AGCM.  Therefore, it would be appropriate to award the applicant the AGCM (1st Award) and correct his DD Form 214 to show this medal.

3.  All units assigned to Headquarters, U.S. Army Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  He qualified for award of the Republic of Vietnam Campaign Medal with Device (1960).  This award should be added to his DD Form 214.

5.  The applicant participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; 

	b.  awarding him the Army Good Conduct Medal for the period 18 March 1969 to 24 January 1971;

   c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), and Vietnam Service Medal with three bronze service stars; and
   
   d.  providing the applicant a document to show the above corrections.



      __________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)                                         AR20110018395



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ABCMR Record of Proceedings (cont)                                         AR20110018395



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