IN THE CASE OF:

		BOARD DATE:   24 May 2012 

		DOCKET NUMBER:  AR20110023445

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 an additional Bronze Star Medal and that the Army Good Conduct Medal listed be changed to the Army Commendation Medal because officers are not awarded the Army Good Conduct Medal.
 
2.  The applicant states he was medically evacuated from Vietnam and the Bronze Star Medal was awarded after he departed.  

3.  The applicant provides copies of:

* 3 April 1969 Bronze Star Medal orders
* 2 October 1972 Bronze Star Medal orders
* 1 June 1972 Air Medal orders
* 18 May 1972 Army Commendation Medal 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.  Following Regular Army enlisted service, the applicant entered into active duty as a second lieutenant on 26 October 1965.   He served in several assignments, completed flight school, and attained the rank of captain/O-3.

3.  The DD Form 214 he received for enlisted service from 30 June 1964 through
25 October 1965 shows he was awarded the Army Good Conduct Medal.

4.  The applicant's DA Form 66 (Enlisted Qualification Record) shows in:

	a.  item 18 (Record of Assignments) that he was assigned in Vietnam to the:

		(1)  10th Psychological Operations Battalion from 4 May 1968 through 
31 January 1969; and  

		(2)  164th Combat Aviation Group from 14 August 1971 through 25 April 1972.

	b.  item 21 (Awards and Decorations) that he was awarded or authorized the Parachutist Badge, Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam  Service Medal, Aircraft Crewmember Badge, two Overseas Service Bars, Army Aviator Badge, Army Good Conduct Medal
(2d Award), Senior Parachutist Badge, 

	c.  item 22 (Campaigns) the Vietnam Offensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and the Unnamed Campaign; and 

	d.  item 23 (Qualification in Arms) he qualified for the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16 Rifles).
 
5.  The applicant was honorably released from active duty on 1 August 1972, as a captain.  He completed 6 years, 9 months, and 6 days of net active service for the period covered by that DD Form 214 and 4 years, 1 month, and 25 days of prior service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the 
Bronze Star Medal, Vietnam Service Medal with 4 campaign stars, Vietnam Campaign Medal with Device (1960), Aircraft Crewman Badge, Army Aviator Badge, Senior Parachutist Badge, Air Medal, Army Commendation Medal, three overseas service bars, Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16 Rifles).

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	b.  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.

	c.  a bronze service star is authorized with this award for each Vietnam campaign.  A silver service star is authorized in lieu of five bronze service stars.  During his service in Vietnam, the applicant participated in the following six campaigns:

* Counteroffensive Phase IV – 2 April-30 June 1968
* Counteroffensive Phase V – 1 July-1 November 1968
* Counteroffensive Phase VI – 2 November 1968-22 February 1969
* Consolidation I – 1 July-30 November 1971
* Consolidation II – 1 December 1971-29 March 1972
* Ceasefire Campaign – 30 March 1972-28 January 1973

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 10th Psychological Operations Battalion was cited for award of the:

	a.  Meritorious Unit Commendation for the period 1 December 1967-
31 December 1968 by Department of the Army General Orders (DAGO) Number 36, dated 1970; and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 December 1967-1 November 1970 by DAGO Number 6, dated 1974.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he was awarded the National Defense Service Medal and the Parachutist Badge that are not shown on his 1 August 1972 
DD Form 214.

2.  He provided orders showing he was awarded two Bronze Star Medals.  

3.  Records show the applicant participated in six campaign periods during his service in Vietnam.  Therefore, he is entitled to one silver service star and one bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  During the applicant's assignment to his unit in Vietnam it was cited for awards of the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  His 1 August 1972 DD Form 214 should be corrected to show these awards.

6.  The applicant was awarded the Army Good Conduct Medal (1st Award) for his enlisted service.  There are no provisions to remove the medal from his records and replace it with an Army Commendation Medal because he was a commissioned officer. 



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X____  __X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the Bronze Star Medal and Vietnam Service Medal with four campaign stars from item 24 of his 1 August 1972 DD Form 214; and

	b.  adding the following awards to item 24 of his 1 August 1972 DD Form 214:

* National Defense Service Medal
* Bronze Star Medal (2d Award)
* Army Good Conduct Medal
* Meritorious Unit Commendation
* Vietnam Service Medal with one silver service star and one bronze service star
* Parachutist Badge
* 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 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 removing the Army Good Conduct Medal and replacing it with an additional Army Commendation 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20110023445



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