BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120004031 


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 add the Bronze Star Medal (BSM) and Army Commendation Medal (ARCOM).

2.  The applicant states he earned the awards, but they were omitted from his DD Form 214.

3.  The applicant provides his BSM Certificate and Citation and ARCOM Certificate in support of his request.

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 24 May 1967.  He was trained in and awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 2 September 1968 through 16 May 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he served with Company A, 5th Transportation Company, 101st Airborne Division, performing duties in MOS 67N as a helicopter mechanic.  Item 38 also shows the applicant received no less than "excellent" conduct and efficiency ratings.  Item 41 (Awards and Decorations) does not include the BSM and/or ARCOM.  It does, however, list the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander's disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

5.  On 17 May 1969, the applicant was honorably released from active duty in the rank/pay grade of specialist four/E-4.  His DD Form 214 shows he completed 1 year, 11 months, and 24 days of active military service.  It also shows he was awarded or authorized the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Aircraft Crewman Badge

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch revealed the following orders authorizing the awards for the periods and reasons indicated:

	a.  Headquarters, 101st Airborne Division, General Orders (GO) Number 3199, dated 11 April 1969, awarding him the ARCOM for meritorious achievement during the period 1 October 1968 through 28 February 1969 and

	b.  Headquarters, 101st Airborne Division, GO Number 4541, dated 12 May 1969, awarding him the BSM for meritorious service during the period 10 September 1968 through 9 May 1969.

7.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the VSM.  It states 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, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive Phase V, 1 July-1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969, 23 February-8 June 1969

8.  Department of the Army GO Number 8, dated 1974, announced award of the RVN 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.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the BSM and ARCOM has been carefully considered and found to have merit.  A review of ADCARS produced orders awarding the applicant the BSM and ARCOM.  As a result, it would be appropriate to add these awards to his DD Form 214.

2.  The evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings throughout his service.  Further, his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) for the period 24 May 1967 through 17 May 1969 and to add this award to his DD Form 214.

3.  In addition, item 41 of his DA Form 20 contains an entry indicating the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar which was not included in the list of awards on his DD Form 214.  Therefore, this badge should be added to his DD Form 214.

4.  Further, based on his service and campaign participation in the RVN, he is also eligible for three bronze service stars with his already-awarded VSM and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, these awards should also be added to his DD Form 214.

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.  awarding him the AGCM (1st Award) for the period 24 May 1967 through 17 May 1969 and

	b.  amending his DD Form 214 by deleting the current VSM entry and adding the following awards:

* BSM
* ARCOM
* AGCM (1st Award)
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle 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)                                         AR20120004031



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ABCMR Record of Proceedings (cont)                                         AR20120004031



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