BOARD DATE:	  21 June 2012

		DOCKET NUMBER:  AR20110025030 


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 award of the Bronze Star Medal (BSM) and all other unit awards authorized be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states that his award of the BSM was left off his DD Form 214 at the time of his release from active duty (REFRAD).

3.  The applicant provides a copy of his DD Form 214 and a copy of general orders awarding him the BSM on 22 October 1968.

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 15 September 1966 for a period of 3 years under the airborne enlistment option.  He completed his basic training at Fort Ord, California, his advanced individual training as an infantry indirect fire crewman at Fort Gordon, Georgia and his airborne training at Fort Benning, Georgia before being transferred to Vietnam on 23 March 1967. 

3.  He was initially assigned to Company A, 2d Battalion, 502d Infantry Regiment and on 25 November 1967 he was reassigned to the 101st Military Police Company for duty as a senior military policeman.  He served in five campaigns and remained in Vietnam until 22 September 1968, when he was transferred to Fort Bragg, North Carolina for duty as a military policeman.  He was promoted to the rank of sergeant on 29 April 1969.

4.  On 12 September 1969 he was honorably REFRAD due to the expiration of his term of service (ETS).  He had served 2 years, 11 months, and 28 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Parachutist Badge, Combat Infantryman Badge, and Army Commendation Medal.

5.  General Orders Number 7905 issued by Headquarters, 101st Airborne Division, awarded the applicant the BSM for meritorious service during the period 1 January to 31 August 1968.

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

7.  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 the 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.  There must have been no convictions by a court-martial.  

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal, which includes the Vietnam Service Medal.  A silver service star is worn in lieu of five bronze service stars.
    
9.  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 the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided and his records contain orders showing he was awarded the BSM for meritorious service in Vietnam.  Accordingly, he is entitled to have this award added to his DD Form 214 at this time.

2.  After carefully examining the applicant's record of service, it appears the applicant should have received the first award of the AGCM for his service from 15 September 1966 through 12 September 1969.  His record is void of any derogatory information which would have precluded him from being awarded the AGCM and the lack of any specific action by his commander to disqualify him from receiving this award.  The evidence further suggests the applicant did not receive the AGCM as a result of an administrative error.  Therefore, the applicant should be awarded the first award of the AGCM and his DD Form 214 should be corrected to show this award.

3. The applicant's 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 during his period of assignment.  Therefore, his DD Form 214 should be corrected to show those unit awards.

4.  The applicant participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded VSM and correction of his DD Form 214 to show this silver service star.
 
BOARD VOTE:

____X____  ___X_____  __X__  GRANT FULL RELIEF 

________  ________  ________  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 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 the period 15 September 1966 through 12 September 1969
* deleting award of the Vietnam Service Medal from his DD Form 214
* adding award of the BSM, Army Good Conduct Medal (1st Award), Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions honor Medal First Class Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  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)                                         AR20110025030





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ABCMR Record of Proceedings (cont)                                         AR20110025030



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