IN THE CASE OF:	  

		BOARD DATE:	  3 July 2012

		DOCKET NUMBER:  AR20110022337 


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 he was awarded the Bronze Star Medal and the Army Commendation Medal.  

2.  The applicant states:

* His DD Form 214 erroneously shows he was awarded the American Campaign Medal, to which he believes he is not entitled
* He was awarded the Army Commendation Medal in General Orders 22, dated 20 January 1969
* He was awarded the Bronze Star Medal in General Orders 143, dated 31 January 1970
* Please correct his DD Form 214 and any other pertinent records regarding decorations, medals, badges, commendations, citations and campaign ribbons awarded or authorized

3.  The applicant provides:

* Self-authored letter to the Army Review Boards Agency, dated 23 October 2010
* Standard Form 180 (Request Pertaining to Military Records)
* DD Form 214
* General Orders Number 22, dated 20 January 1969
* General Orders Number 143, dated 31 January 1970

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 24 April 1967.  He completed training as a combat engineer.

3.  On 29 February 1968, the applicant was honorably discharged to accept a commission as a second lieutenant in the U.S. Army Reserve (USAR), effective 1 March 1968.  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Ribbons Awarded or Authorized) on his DD Form 214 for this period shows he was awarded the National Defense Service Medal (First Award) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant was ordered to active duty, effective 1 March 1968.

6.  General Orders Number 22 was published on 20 January 1969, awarding him the Army Commendation Medal for meritorious service as a construction engineer from 23 May 1968 through 9 January 1969. 

7.  The applicant arrived in Vietnam on 9 February 1969 and was assigned to Company C, 69th Engineer Battalion (Construction).  He participated in the following four campaigns:

* Vietnam Counteroffensive, Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive Campaign, which extended from 23 February through 8 June 1969 
* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969
* Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970

8.  General Orders Number 143 was published on 31 January 1970, awarding the applicant the Bronze Star Medal for meritorious service from 18 February 1969 through 8 February 1970.

9.  The applicant departed Vietnam on 4 February 1970.  He was honorably released from active duty on 11 February 1970.  The DD Form 214 he received this period shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* American Campaign Medal
* Vietnam Campaign Medal

10.  The applicant submits copies of General Orders Number 22 and General Orders Number 143, which are contained in his official military record.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 June 1969 to 29 June 1970 by Department of the Army General Order Number 54, dated 1974.

12.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and 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) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

14.  Army Regulation 600-8-22 states the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  He was never awarded the American Campaign Medal and it was erroneously added on his DD Form 214.  This award should be deleted from his DD Form 214.

3.  His records show he was awarded the Army Commendation Medal in General Orders Number 22 and he was awarded the Bronze Star Medal in General Orders Number 143.  These awards should be added on his DD Form 214.

4.  He is also authorized the following awards that should be added to his DD Form 214:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* four bronze service stars to be affixed to his already-award Vietnam Service Medal

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 deleting the American Campaign Medal from his DD Form 214 and adding the following awards:

* Bronze Star Medal
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Honor Actions Medal First Class Unit Citation
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal




      _______ _   __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)                                         AR20110022337





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ABCMR Record of Proceedings (cont)                                         AR20110022337



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