IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120000540 


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 the Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medal but it is not listed on his DD Form 214.

3.  The applicant provides a certificate showing award of the Bronze Star Medal. 

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 22 January 1969 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam with the 66th Infantry Platoon (Scout Dog) from 25 June 1969 to 24 June 1970.  

3.  General Orders (GO) Number 4627, issued by Headquarters, 25th Infantry Division, on 26 April 1970, awarded him the Bronze Star Medal for service from June 1969 to June 1970.

4.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 21 January 1971.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal 
* Army Commendation Medal
* Air Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

6.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal 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.

7.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 66th Infantry Platoon this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 30 September 1970, based on DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Citation for service from 21 February 1968 to 21 January 1970, based on DAGO Number 51, dated 1971

8.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Summer – Fall 1969, 9 June to 31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969—30 April 1970
* DA Sanctuary Counteroffensive, 1 May to 30 June 1970

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Bronze Star Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

2.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, neither of which is shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be affixed to his Vietnam Service Medal.

4.  He served honorably from 22 January 1969 to 21 January 1971.  He completed a combat tour in Vietnam, attained the rank/grade of SGT/E-5, received multiple awards, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 22 January 1969 to 21 January 1971
* adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Three bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation



      _______ _   _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)                                         AR20120000540





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ABCMR Record of Proceedings (cont)                                         AR20120000540



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