BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110023776 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* Bronze Star Medal
* Vietnam Service Medal with one silver service star

2.  The applicant states the Bronze Star Medal and Vietnam Service Medal with one silver service star were omitted from his DD Form 214.  He was unaware that he was entitled to one silver service star until October 2010.

3.  The applicant provides an information paper on the Vietnam Service Medal and entitlement to service stars.

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's records show he enlisted in the Regular Army on 14 November 1966 for 3 years.  He completed training and he was awarded military occupational specialty 71H (Personnel Specialist).

3.  He served in Vietnam from 18 November 1967 through 8 November 1968 during five campaigns while assigned to the 25th Administration Company, 25th Infantry Division.

4.  General Orders (GO) Number 2973 issued by Headquarters, 25th Infantry Division, on 8 October 1968 awarded him the Bronze Star Medal for meritorious service in Vietnam from November 1967 to November 1968.

5.  He was honorably released from active duty in pay grade E-5 on 13 November 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 3 years of net active service with no lost time.  His DD Form 214 lists award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  Item 41 (Awards and Decorations) of his DA Form 20 lists the same awards as shown on his DD Form 214 in addition to the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  A silver service star denotes five bronze service stars.

10.  Army Regulation 670-1 (Uniforms and Insignia), then in effect, governed the requirements for the overseas service bar.  It specified that a bar was authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate DA message.  One overseas service bar was authorized for each 6-month period of Federal service outside the continental limits of the United States.

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 his unit, the 25th Administration Company, was cited for award of the:

* Meritorious Unit Commendation for the period 1 January-31 December 1968 by Department of Army General Orders (DAGO) Number 37, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1960 to February 1970 by DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 13 March 1966-21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal which is not shown on his DD Form 214; therefore, he is entitled to correction to his DD Form 214 to show this award.

2.  The evidence of record shows the applicant appears to have met the criteria for the first award of the Army Good Conduct Medal and there is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 14 November 1966 through 13 November 1969 and his DD Form 214 should be corrected to show this award.

3.  The evidence confirms he 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 service star.

4.  Based on his period of service in Vietnam from November 1967 to November 1968, he is entitled to one additional overseas service bar.  Therefore, it would be appropriate to correct his DD Form 214 to show one additional overseas service bar.

5.  Records show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show this award.

6.  DAGO awarded his unit in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation during his period of service with this unit.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  In view of the foregoing, his records should be corrected as recommended below.

BOARD VOTE:

___x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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: 

* awarding the applicant the Army Good Conduct Medal (1st Award) for the period 14 November 1966 through 13 November 1969
* deleting the Vietnam Service Medal and one overseas service bar from his DD Form 214
* 
adding the following awards to his DD Form 214:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two overseas service bars



      ___________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)                                         AR20110023776



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ABCMR Record of Proceedings (cont)                                         AR20110023776



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