IN THE CASE OF:	  

		BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120006798 


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 received the Bronze Star Medal in connection with ground operations [in Vietnam] during 1966 to 1967.

3.  The applicant provides his DD Form 214, a certificate, and a 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's records show he was inducted into the Army of the United States on 25 June 1965 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 16 April 1966 to 13 April 1967 while assigned to Company C, 4th Battalion, 9th Infantry Regiment.

3.  General Orders (GO) Number 1489, dated 24 April 1967, issued by Headquarters, 25th Infantry Division, awarded him the Bronze Star Medal for meritorious service from April 1966 to March 1967.

4.  He was honorably released from active duty on 13 April 1967 and transferred to the U.S. Army Reserve.  He completed 1 year, 9 months, and 19 days of creditable active service with no time lost.

5.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  

7.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in two campaigns.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 4th Battalion, 9th Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April 1966 through 1 August 1968, by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 through 21 January 1970, by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded 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 this award.

2.  The evidence of record confirms he served honorably from 25 June 1965 through 13 April 1967.  He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and to correct his DD Form 214 accordingly.

3.  His record confirms he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit; neither of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 25 June 1965 through 13 April 1967
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal 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)                                         AR20120006798





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ABCMR Record of Proceedings (cont)                                         AR20120006798



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