BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110021790 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal (BSM) and Army Commendation Medal (ARCOM) first Oak Leaf Cluster (1OLC).

2.  The applicant states he was awarded the BSM and ARCOM 1OLC; however, they are not reflected on his DD Form 214.

3.  The applicant provides copies of his BSM orders, ARCOM 1OLC Certificate and Citation, and ARCOM (1st Award) citation and orders.

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 5 October 1966 for a period of 3 years and training as a tracked wheel vehicle mechanic.  He completed one station unit training at Fort Polk, Louisiana and was transferred to Vietnam on 
16 March 1967 for assignment to the 129th Maintenance Company.  He served in three campaigns and departed Vietnam on 15 March 1968.

3.  He was transferred to Germany on 7 May 1969 and served there until 14 September 1969 when he departed for assignment back to Vietnam.

4.  He arrived in Vietnam on 19 December 1968 and was assigned to Company B, 9th Signal Battalion, 9th Infantry Division.  He was promoted to pay grade E-5 on 1 March 1969. 

5.  On 28 April 1969, he was awarded the ARCOM for outstanding achievement during the period 8 April to 10 April 1969 in General Orders Number 5045 issued by Headquarters, 9th Infantry Division.

6.  On 11 July 1969 he was awarded the BSM for meritorious service during the period December 1968 to July 1969 in General Orders Number 10039 issued by Headquarters, 9th Infantry Division.

7.  After serving in three campaigns he departed Vietnam on 20 August 1969 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) that date as an overseas returnee.  He had served   2 years, 10 months, and 16 days of active service and his DD Form 214 shows that he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), Vietnam Campaign Medal, and ARCOM.

8.  The ARCOM 1OLC Certificate and Citation provided by the applicant indicates that he was awarded the ARCOM 1OLC for outstanding achievement between March and April 1969.  There are no orders present for this award in his official records and a search 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 awarding the applicant the ARCOM 1OLC.

9.  A review of the applicant’s records shows that he had “excellent” conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized based on qualifying service for each campaign listed in Appendix B of this regulation.  This regulation states that bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  A silver service star is worn to denote participation in five campaigns.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment, his unit 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.

13.  Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the BSM has been noted and found to have merit.  He has provided and his records contain orders awarding him the BSM.  Accordingly this award should be added to his DD Form 214 at this time.

2.  While the sincerity of the applicant’s claim that he was awarded the ARCOM 1OLC is not in doubt, orders are required for award of the ARCOM 1OLC in order for that award to be added to his records.  Therefore, in the absence of orders there appears to be no basis to add this award to his DD Form 214 at this time.

3.  However, a review of the applicant's records also show he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears the failure to award him the AGCM (1st Award) was the result of an administrative error.  Accordingly, he should be awarded this medal for the period 5 October 1966 to 20 August 1969 and his DD Form 214 should be corrected to show this medal.

4.  The applicant also served in six campaigns while in Vietnam and he is entitled to wear one silver and one bronze service star on his already-awarded VSM.

5.  Additionally, the evidence of record shows the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation during the period he served with the unit.  Accordingly, these awards should be added to his DD Form 214 at this time.

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.  Awarding him the AGCM (1st Award) for the period 5 October 1966 to
20 August 1969;

   b.  Deleting the VSM from his DD Form 214; and

   c.  Adding the BSM, AGCM, VSM with one silver and one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Action Honor Medal First Class Unit Citation to his DD Form 214.

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 ARCOM 1OLC to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _  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)                                         AR20110021790



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ABCMR Record of Proceedings (cont)                                         AR20110021790



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