IN THE CASE OF:	  

		BOARD DATE:  1 May 2012

		DOCKET NUMBER:  AR20110021064 


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 the Bronze Star Medal and the Army Good Conduct Medal.

2.  He also requests correction of the social security number (SSN) shown on the citation for award of the Bronze Star Medal.

3.  The applicant states the awards are missing from his DD Form 214.  He further states he never received the Army Good Conduct Medal set.

4.  The applicant provides:

* Citation for award of the Bronze Star Medal
* Certificate for award of the Bronze Star Medal
* General Orders Number 1222, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division, dated 5 July 1971 awarding him the Army Good Conduct Medal

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.  During the applicant's enlistment processing in the Regular Army (RA), he completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "xxx-xx-9199."

3.  He enlisted in the RA on 18 November 1969 for a period of 2 years.  His
DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, listed his SSN as "xxx-xx-9199."

4.  He completed training and he was awarded military occupational specialty 73C (Pay Disbursement Specialist).

5.  He served in the Republic of Vietnam from 31 July 1970 to 26 July 1971.  He was assigned to Company A, 75th Support Battalion, 5th Infantry Division.

6.  General Orders (GO) Number 1222, dated 5 July 1971, awarded him the Army Good Conduct Medal (1st Award) for the period 18 November 1969 to date of separation on or about (DOSOA) 2 August 1971.

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Bronze Star Medal and his service records do not contain official orders awarding him the Bronze Star Medal.

8.  He was honorably released from active duty on 31 July 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

9.  He submits a certificate, auto-signed by the Secretary of the Army but unsigned by the approving authority, dated 27 May 1971, and an accompanying citation awarding him the Bronze Star Medal for meritorious achievement in Vietnam from July 1970 to July 1971.  The SSN shown on both documents is "xxx-xx-9499."

10.  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 United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the Bronze Star Medal 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 n 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.

	b.  for the Vietnam Service Medal, 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 two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

	c.  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.  

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit) shows that during his service in Vietnam, the applicant's unit, 75th Support Battalion, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971 by Department of the Army General Order (DAGO) Number 42, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for action on 30 October 1970 by DAGO Number 24, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Good Conduct Medal (1st Award) that is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.  He also claims he did not receive the medal set for this award; therefore, it would be appropriate at this time to issue him the award set.

2.  He served a qualifying period of service in Vietnam for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

3.  Evidence shows he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two 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.

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.

5.  There is no evidence in the available records that shows the applicant was officially awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  The certificate and citation he provides are insufficient by themselves to validate he was awarded the Bronze Star Medal.  In the absence of orders awarding him the Bronze Star Medal, there is an insufficient evidentiary basis for correcting his records to show this award or for correcting the provided Bronze Star Medal certificate and citation to show a different SSN.

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;

	b.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	c.  issuing him a medal set for the first award of the Army Good Conduct Medal.

2.  The Board further determined that the evidence presented is 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 the Bronze Star Medal to his DD Form 214 and correcting the provided certificate and citation to show his correct SSN.



      __________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)                                         AR20110021064



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ABCMR Record of Proceedings (cont)                                         AR20110021064



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