IN THE CASE OF:	  

		BOARD DATE:  19 July 2012

		DOCKET NUMBER:  AR20120000484 


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:

	a.  correction of the dates of service shown in his Bronze Star Medal (BSM) orders; and

	b.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add award of the BSM.

2.  The applicant states:

* his BSM orders should be corrected to show his dates of service as November 1969 to December 1970
* the original dates of service shown on these orders are in error because he was evacuated to the United States on 20 December 1970

3.  The applicant provides:

* DD Form 214
* BSM Citation and orders

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 26 July 1968 for a period of 3 years.  He arrived in Vietnam on 27 November 1969.  He served as a neuropsychiatric specialist assigned to the 98th Medical Detachment from 6 December 1969 to 20 December 1970.  On 23 July 1971, he was honorably released from active duty in the rank of specialist five after completing 2 years, 11 months, and 28 days of creditable active service with no lost time.

3.  Headquarters, U.S. Army Vietnam, General Orders Number 123, dated 13 January 1971, show he was awarded the BSM for meritorious service during the period November 1969 to February 1970.

4.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

5.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 27 November 1969 through 20 December 1970.

6.  There is no evidence to show the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

7.  Records show he participated in three campaigns during his service in Vietnam.

8.  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 98th Medical Detachment was cited for award of the Meritorious Unit Commendation for actions during the period 1 May 1970 to 30 April 1971 in Department of the Army General Orders (DAGO) 43, dated 1972.

9.  DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  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 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.

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his dates of service shown in his BSM orders to show November 1969 to December 1970 instead of November 1969 to February 1970.

2.  The entry in item 31 of his DA Form 20 which shows he served in Vietnam from 27 November 1969 through 20 December 1970 is accepted as sufficient evidence on which to amend his dates of service on his BSM orders.  These orders should be amended to show he received the BSM for meritorious service for the period November 1969 to December 1970.   

3.  General orders show he was awarded the BSM.  His DD Form 214 should be corrected to show this medal.

4.  His DD Form 214 shows award of the Vietnam Service Medal with two bronze service stars.  However, he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three 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.
5.  He was honorably released from active duty in the rank of specialist five with nearly 3 years of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary actions or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 26 July 1968 through 23 July 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

6.  His unit in Vietnam unit was cited for award of the Meritorious Unit Commendation during his period of assignment.  His DD Form 214 should be corrected to show this unit award.
 
7.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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:

	a.  amending his BSM orders to show he was awarded the BSM for meritorious service during the period November 1969 to December 1970;

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 26 July 1968 through 23 July 1971;

	c.  deleting the Vietnam Service Medal with two bronze service stars from his DD Form 214; and
	d.  adding the BSM, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.




      __________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)                                         AR20120000484



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ABCMR Record of Proceedings (cont)                                         AR20120000484



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