IN THE CASE OF:	  

		BOARD DATE:  12 April 2012

		DOCKET NUMBER:  AR20110020185 


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 two awards of the Bronze Star Medal (BSM) and award of the Army Good Conduct Medal.

2.  He states:

* he was awarded the BSM on 7 and 11 January 1969
* his citations show the awards were issued four days apart with two different ranks
* General Orders Number 20, issued by Headquarters, 97th Engineer Battalion, Fort Riley, KS, dated 30 July 1969, awarded him the Army Good Conduct Medal (1st Award), but it is not listed on his DD Form 214

3.  He provides:

* DD Form 215 (Correction to DD Form 214), dated 20 June 2011
* General Orders Number 20
* two citations

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 requested that the Army Good Conduct Medal be added to his DD Form 214.  A DD Form 215, dated 20 October 2011, corrected his
DD Form 214 to add the Army Good Conduct Medal.  It also shows the
DD Form 215 was forwarded to an address in Macon, MO, which is different than the address shown on his application.  As such, a copy of the referenced 
DD Form 215 will be provided with these Proceedings.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in Regular Army on 23 August 1966.

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

* item 31 (Foreign Service), he served in Vietnam from 15 January 1968 through 12 January 1969
* item 33 (Appointments and Reductions), he was advanced/promoted to:

* specialist four (SP4)/E-4 (T) [temporary] on 31 May 1968
* SP4/E-4 (P) [permanent] on 30 July 1968
* sergeant (SGT)/E-5 (T) on 11 November 1968 

* item 38 (Record of Assignments), he was assigned to Battery B,
2d Battalion, 11th Artillery Regiment, 101st Air Cavalry from 18 January 1968 to 9 January 1969
* item 41 (Awards and Decorations) no entry for any BSM

5.  His record contains a copy of General Orders Number 140, issued by Headquarters, 101st Airborne Division, dated 7 January 1969, awarding him the BSM for meritorious service in the Republic of Vietnam from 1 April to
30 November 1968.  His rank is shown as specialist four on these orders.


6.  He submitted two undated BSM citations showing he was awarded the BSM for the identical period of service of 1 April to 30 November 1968.  His rank is shown as "specialist four" on one and as "sergeant" on the other.

7.  On 22 August 1969, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 3 years of total active service.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device "1960"
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  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 any award orders 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.  This regulation further states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

10.  Army Regulation 600-8-22, 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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)


* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

11.  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 2nd Battalion, 11th Artillery, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 November 1966 through 30 June 1968 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the BSM for meritorious service in Vietnam from 1 April to 30 November 1968.  Therefore, his DD Form 214 should be corrected to show this award. 

2.  However, there are no orders or other corroborating evidence and the applicant did not provide sufficient evidence that confirms he was awarded a second BSM.  Regarding the BSM citations provided by the applicant, it appears the "specialist four" BSM citation was prepared prior to the applicant's promotion to sergeant effective 11 November 1968.  As such, a BSM citation for the same period of service was issued showing his rank as "sergeant."  Additionally, only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

3.  The applicant participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this silver service star.

4.  The applicant's unit in Vietnam was cited for award of 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:

_______  _________  _________  GRANT FULL RELIEF 

___X  ___  ___X ___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  _______  _________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:
1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 the Vietnam Service Medal, and

	b.  adding to his DD Form 214 the:

* Bronze Star Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding a second Bronze Star Medal to 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)                                         AR20110020185



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ABCMR Record of Proceedings (cont)                                         AR20110020185



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