IN THE CASE OF:	  

		BOARD DATE:	    5 July 2012

		DOCKET NUMBER:  AR20110025126 


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 addition of the Bronze Star Medal to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and issuance of the medal.  

2.  He states he received his Bronze Star Medal citation and certificate in the mail after he left Vietnam and was discharged, but he never received the actual medal.  He also states the award may have been left off his DD Form 214 due to an administrative error.  

3.  He provides his DD Form 214 and Bronze Star Medal certificate and citation.

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 was inducted into the Army of the United States on 23 January 1967.

3.  He was assigned to Company B, 2nd Battalion, 16th Infantry Regiment, 1st Infantry Division, Vietnam, on 10 July 1967.  In July 1968, he was transferred to the U.S. Army Hospital at Camp Zama, Japan in a patient status.  

4.  He provided a certificate and citation indicating he was awarded the Bronze Star Medal for meritorious achievement (citation indicates meritorious service) in the Republic of Vietnam during the period June 1967 to June 1968.

5.  Headquarters, 1st Infantry Division, General Orders Number 6385, dated 3 July 1968, indicate he was awarded the Bronze Star Medal for meritorious service from June 1967 to June 1968.  

6.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 33 (Appointments and Reductions) he was promoted to sergeant (SGT)/E-5 on 15 March 1968
* item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings, except one rating of "unknown"

7.  He was honorably released from active duty on 20 November 1968.  

8.  His DD Form 214 shows award of the:

* Vietnam Service Medal
* National Defense Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar

9.  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 the 2nd Battalion, 16th Infantry Regiment, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Order Number 32, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 to 7 April 1970 by Department of the Army General Order Number 53, dated 1970

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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 the applicant participated in the Vietnam Counteroffensive III, Tet Counteroffensive, Vietnam Counteroffensive IV, and Vietnam Counteroffensive V campaigns.  

11.  Army Regulation 672-5-1 (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; for 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Bronze Star Medal for meritorious service from June 1967 to June 1968.  Therefore, this decoration should be added to his DD Form 214.  

2.  The evidence of record does not show the applicant was disqualified from receiving the Army Good Conduct Medal (1st Award) for the period 23 January 1967 through 20 November 1968.  He was advanced to SGT/E-5 and received "excellent" conduct and efficiency ratings.  He had one rating of "unknown," which is not a disqualifying factor for this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  The applicant participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these foreign unit awards.

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:

	a.  deleting the Vietnam Service Medal from his DD Form 214;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 23 January 1967 through 20 November 1968; 

	c.  adding to his DD Form 214 the: 

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

d.  issuing him the Bronze Star Medal set.  



      _______ _   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)                                         AR20110025126



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ABCMR Record of Proceedings (cont)                                         AR20110025126



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