IN THE CASE OF:	  

		BOARD DATE:	    23 May 2012

		DOCKET NUMBER:  AR20110024547 


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 award of the Bronze Star Medal (BSM) and the Army Good Conduct Medal (AGCM).

2.  The applicant states he was awarded he BSM; however, it was not annotated on his DD Form 214 or service records.  He served honorably in a combat zone for over 1 year and was not awarded the AGCM.

3.  The applicant provides: 

* DD Form 214
* Letter from the Vilas County Veterans Service Officer
* BSM orders
* DA Form 20 (Enlisted Qualification Record)

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 11 September 1968, and was trained in and awarded military occupational specialty (MOS) 68H (Aircraft Hydraulics Repairman).  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

3.  His records show he served in the Republic of Vietnam (RVN) with Company A, 5th Transportation Battalion (Airmobile (Ambl)), 101st Airborne Division from 15 April 1969 to 13 April 1970.

4.  He was honorably released from active duty on 13 April 1970.

5.  The applicant's DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal
* Army Commendation Medal
* Two Oversea Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) 

6.  General Orders Number 1069 issued by Headquarters, 101st Airborne Division (Ambl), on 3 February 1970 awarded him the BSM for meritorious service in connection with military operations against a hostile force.

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency rating throughout his military service with no evidence of derogatory information in his military record. 

8.  A review of the records indicates additional awards not listed on his separation document.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal 

military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with 5th Transportation Battalion (Ambl), 101st Airborne Division, this unit was awarded the Meritorious Unit Commendation (MUC)  Unit Award based on Department of the Army General Orders Number 39, 1970 for service from 15 March 1969 to 31 May 1969.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 April 1969 to 14 May 1969 based on Department of the Army General Orders Number 43, 1970.  His unit was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 15 April 1969 to 13 April 1970 based on Department of the Army General Orders Number 48, dated 1971.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM.  It states 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, campaign participation credit was awarded for the:

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the BSM and AGCM has been carefully considered, and found to have merit.

2.  General Orders Number 1069, dated 3 February 1970, awarded the applicant the BSM; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  He served honorably from 11 September 1968 through 13 April 1970.  He completed a combat tour in RVN, attained the rank/grade of SP5/E-5, and received "excellent" efficiency and conduct ratings throughout his military service. Lacking any derogatory information on file that would have disqualified him from 

receiving the first award of the AGCM, it would be appropriate to award the applicant the AGCM and add to his records to show this award.

4.  General orders awarded his unit the MUC, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 

5.  He was awarded the VSM.  He participated in three campaigns while serving in the RVN; therefore, he is entitled to three bronze service stars to be affixed to his already-awarded 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:

* awarding him the AGCM (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 September 1968 through 13 April 1970 and

* adding to his DD Form 214 the:

* BSM
* AGCM 
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 
three 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)                                         AR20110024547



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ABCMR Record of Proceedings (cont)                                         AR20110024547



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