IN THE CASE OF:	  

		BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120003644 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all awards or medals he is entitled to including the Bronze Star Medal (BSM) and the Army Good Conduct Medal (AGCM).

2.  The applicant states his DD Form 214 does not reflect these awards.

3.  The applicant provides the following:

* BSM Citation
* BSM, General Orders Number 3870
* DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), dated 26 June 1968
* DD Form 214

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 enlisted into the Regular Army on 29 March 1965 and held military occupational specialty (MOS) 63C (Track Vehicle Mechanic).  The highest grade/rank he attained during this period of service was specialist five/E5.

3.  The applicant served in the Republic of Vietnam (RVN) during the period 26 April 1967 to 14 March 1968, and he was honorably released from active duty on 15 March 1968.  

4.   The applicant's records shows he served with Company A, Forward Support Battalion, 801st Maintenance, 1st Brigade, 101st Airborne Division during the period 3 May 1967 to 31 May 1967, and with Company B, Support Battalion, 801st Maintenance, 1st Brigade, 101st Airborne Division during the period 1 June 1967 through 14 March 1968.

5.  The applicant's DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal 
* Vietnam Campaign Medal 
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge (M-14 Rifle)
* 1 Overseas Service Bar

6.  Applicant submitted a copy of General Orders Number 3870, dated 18 July 1968, which awarded him the BSM for meritorious service in connection with military operations against a hostile force in the RVN.  

7.  A review of his service record shows no derogatory information that would disqualify him for the first award of the AGCM.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received all “excellent” conduct and efficiency ratings, except for one “academic good” rating, throughout his military service.

8.  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.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to     22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period February 1968 – 2 May 1970 by Department of the Army General Order (DAGO) Number 48, dated 1971.

10.  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. 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.

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  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.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant’s tenure of assignment in the RVN, 

participation credit was granted for the following three campaigns for the periods indicated:

* Vietnam Counteroffensive Phase II (1 July 1966 through 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 through 29 January 1968)
* TET Counteroffensive (30 January 1968 through 1 April 1968)

DISCUSSION AND CONCLUSIONS:

1.  The applicant argument that his DD Form 214 should be corrected to show the BSM and the AGCM and other awards he is entitled to has been carefully considered and found to have merit.

2.  General Orders Number 3870 awarded the applicant the BSM for meritorious service in connection with military operations against a hostile force.  Therefore, his DD Form 214 should be corrected to show this award.

3.  He served honorably from 29 March 1965 through 15 March 1968.  He completed a combat tour in RVN, attained the rank/grade of specialist five/E-5, and received "excellent" conduct and efficiency ratings with one "good" academic rating throughout his military service.  Therefore, it would be appropriate to award the applicant the AGCM and to correct his records to show this award.

4.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

6.  Records show he was awarded the Vietnam Service Medal (VSM).  He participated in three campaigns while serving in the RVN; therefore, he is entitled to three bronze service stars to be affixed to his already-awarded VSM. 

7.  The applicant’s DD Form 214 shows 1 overseas service bar; however, he is eligible to wear 2.  Therefore, he is entitled to correction of his records to show an additional overseas service bar.


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. awarding him the AGCM (1st Award) for exemplary behavior, efficiency, and fidelity during the period 29 March 1965 through15 March 1968; and 

b. adding the following awards to his DD Form 214:

* BSM
* AGCM
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 3 bronze service stars to his previously awarded VSM
* Overseas Service Bar (2) in lieu of the 1 now shown




      _______ _   __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)                                         AR20120003644





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ABCMR Record of Proceedings (cont)                                         AR20120003644



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