IN THE CASE OF:	  

		BOARD DATE:	  3 April 2012


		DOCKET NUMBER:  AR20110019993 


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 the Bronze Star Medal (BSM) with "V" Device be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* he was awarded this medal but it was omitted from his DD Form 214
* he believes it is a clerical error because the orders for the BSM with "V" Device indicate he was wounded during the same operation and he received the Purple Heart which is properly shown on his DD Form 214

3.  The applicant provides:

* orders for the BSM with "V" Device
* 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 enlisted in the Regular Army on 18 September 1967 for a period of 3 years.  He arrived in Vietnam on 1 March 1968.  He served as a light weapons infantryman assigned to Company B, 1st Battalion, 2nd Infantry of the 1st Infantry Division in Vietnam from 12 March 1968 to 8 December 1968.  He was assigned to Company A, 1st Battalion, 16th Infantry of the 1st Infantry Division in Vietnam from 9 December 1968 to 28 February 1969.  On 22 August 1970, he was released from active duty in the rank of sergeant after completing 
2 years, 11 months, and 5 days of creditable active service with no time lost.   

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

* NDSM (National Defense Service Medal)
* VCM (Republic of Vietnam Campaign Medal with Device (1960))
* VSM (Vietnam Service Medal)
* CIB (Combat Infantryman Badge)
* PH (Purple Heart)
* two O/S (Overseas Service) Bars
* VN Cross of Gallantry w/Palm (correctly known as Republic of Vietnam Gallantry Cross with Palm Unit Citation)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  Orders, dated 25 October 1968, show he received the BSM with "V" Device for heroism on 24 August 1968 in Vietnam.

5.  Records show he participated in five campaigns during his assignment in Vietnam.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service, except for one "good" conduct rating received while he was in advanced individual training.


7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 2nd Infantry was cited for award of the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970

8.  Department of the Army Pamphlet 672-3 shows the 1st Battalion, 16th Infantry was cited for award of the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970

9.  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 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  A silver service star will be worn in lieu of five bronze service stars.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the BSM with "V" Device.  His DD Form 214 should be corrected to show this medal. 






2.  He was released from active duty in the rank of sergeant with almost 3 years of creditable active service with no lost time.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 18 September 1967 through 22 August 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in five campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with one silver service star.  His DD Form 214 should be corrected to show this award.

4.  His Vietnam units were each cited for one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  His DD Form 214 should be corrected to show two awards of this unit award.

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:

	a.  awarding him the first award of the Army Good Conduct Medal for the period 18 September 1967 through 22 August 1970; and  





	b.  adding the BSM with "V" Device, Army Good Conduct Medal (1st Award), two awards of the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal in item 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)                                         AR20110019993





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ABCMR Record of Proceedings (cont)                                         AR20110019993



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