IN THE CASE OF:	  

		BOARD DATE:	  3 July 2012

		DOCKET NUMBER:  AR20110025082 


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 the Bronze Star Medal (BSM), Army Commendation Medal (ARCOM) with “V” device and two Oak Leaf Clusters (OLC), Army Good Conduct Medal (AGCM), Vietnam Service Medal (VSM) with three bronze service stars, Republic of Vietnam (RVN) Campaign Medal with “1960“ Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar   (M-14), and the Overseas Service Bar be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he discovered the omissions and administrative errors while reviewing his DD Form 214 with a fellow veteran.

3.  The applicant provides:

* DD Form 214
* Self-authored memorandum
* Letter Orders Number 03-1070473, issued by the U.S. Army Reserve Components Personnel and Administration Center
* DA Form 20 (Enlisted Qualification Record)
* General Orders Number 4232, issued by Headquarters, 9th Infantry Division
* General Orders Number 4954, issued by Headquarters, 9th Infantry Division 
* General Orders Number 11238, issued by Headquarters, 9th Infantry Division
* General Orders Number 10645, issued by Headquarters, 9th Infantry Division


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.  On 20 April 1967, the applicant was inducted into the Army of the United States.  His records show he completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 61C (Marine Engineer).   He was stationed in the RVN from 3 September 1968 to 8 April 1969, where he was further assigned to the 1097th Transportation Company.  The highest rank he attained while serving on active duty was specialist five/E5.

3.  The applicant’s DD Form 214 shows he was honorably released from active duty on 9 April 1969.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Army Commendation Medal

4.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders or awards for the applicant.

5.  The applicant provided General Orders Number 4232, issued by Headquarters, 9th Infantry Division, dated 9 April 1969, which show he was awarded the BSM.

6.  The applicant provided General Orders Number 11238, issued by Headquarters, 9th Infantry Division, dated 11 December 1968, which show he was awarded the ARCOM Medal (1st Oak Leaf Cluster (OLC)).  Item 41 (Awards and Decorations) of his DA Form 20 also lists this award.

7.  The applicant provided General Orders Number 4954, issued by Headquarters, 9th Infantry Division, dated 26 April 1969, which show he was awarded the ARCOM (2nd OLC).  Item 41 of his DA Form 20 also lists this award.

8.  The applicant provided General Orders Number 10645, issued by Headquarters, 9th Infantry Division, dated 14 November 1968, which show he was awarded the ARCOM with “V” Device for Heroism.

9.  His record contains Special Orders Number 144, issued by Headquarters, Fort Polk, Fort Polk, Louisiana, dated 5 June 1967, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  His record contains Special Orders Number 70, issued by Headquarters, 182nd Transportation Battalion (Terminal) dated 16 July 1968, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

11.  Item 38 of his DA Form 20 shows he received “excellent” conduct and efficiency ratings throughout his service.  Hs record does not contain a record of a commander’s disqualification for award of the AGCM or any derogatory information.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the AGCM is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

13.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  

14.  Army Regulation (Vietnam) 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the BSM may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.

15.  Army Regulation 600-8-22 states the ARCOM 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.  

16.  Army Regulation 600-8-22 states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  Appendix B shows that during his service in the RVN, participation credit was awarded for the following 3 campaigns:

* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase V1
* Tet 69/Counteroffensive  1969

17.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period     1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that 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. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

19.  Department of the Army Pamphlet 672-3 also shows that during his assignment to the 1097th Transportation Company, his unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969.

20.  Army Regulation 670-1 (Uniforms and Insignia) in effect at the time states for Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to   28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.  The overseas service bar is normally not entered on the DD Form 214 because it is an item of uniform wear, not an award or decoration.  



DISCUSSION AND CONCLUSIONS:

1   Although only two of the award orders provided by the applicant are also listed in his records, the orders he provided appear to be valid and are accepted as such.

2.  General orders awarded him the BSM; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded him the ARCOM (3rd award) with “V” Device; therefore, he is entitled to correction of his DD Form 214 to show this award.

4. The applicant served honorably during the period 20 April 1967 through 9 April 1969.  He served in Vietnam, attained the rank/grade of specialist five/E5, and he received “excellent” conduct and efficiency ratings throughout his military service.  His file contains no information that would have disqualified him for the AGCM; therefore, it would be appropriate to award the applicant the first award of the AGCM and correct his DD Form 214 to show this award.

5.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

6.  The applicant was awarded the VSM, but he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to have three bronze service stars affixed to his already awarded VSM and correction of his DD Form 214 to show this award.

7.  The applicant served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, the Vietnam Campaign Medal entry on his DD Form 214 should be corrected to show this correct designation.

8.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, his DD Form 214 should be corrected to show these unit awards.

9.  Army Regulation 670-1 shows the overseas service bar was authorized for each period of 6 months active Federal service from 1 July 1958 to 28 March 1973.  The evidence clearly shows the applicant served more than 6 months, but the overseas service bar is not an award or decoration; therefore he is not entitled to have his DD Form 214 corrected to show award of the Overseas Service Bar.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a. Awarding him the Army Good Conduct Medal (1st Award) for the period             20 April 1967 through 9 April 1969, and

b. adding the following awards to the applicant’s DD Form 214:

* BSM 
* ARCOM (3rd Award with “V” Device)
* AGCM 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* VSM with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960) (in lieu of Vietnam Campaign Medal)
* 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 that 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 the Overseas Service Bar.


      _______ _   __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)                                         AR20110025082



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ABCMR Record of Proceedings (cont)                                         AR20110025082



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