BOARD DATE:	  9 October 2012

		DOCKET NUMBER:  AR20120006814 


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 award of the Bronze Star Medal.

2.  He states he was awarded the Bronze Star Medal on 10 July 1969.

3.  He provides a copy of his Bronze Star Medal Certificate and 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 was inducted into the Army of the United States on 26 September 1966.  He completed training and he was awarded military occupational specialty 63B (Wheel Vehicle Mechanic) and later 63C (Track Vehicle Mechanic).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 29 (Qualification in Arms) he qualified sharpshooter with the M-16 rifle on 16 November 1966;

	b.  item 31 (Foreign Service) he served in Vietnam from 12 March 1968 through 17 September 1969 (sic);

	c.  item 38 (Record of Assignments) he served in Vietnam with the
801st Maintenance Battalion, 101st Airborne Division from 27 November 1968 to 8 September 1969; and

	d.  item 38 he received all "excellent" conduct and efficiency ratings throughout his service.

4.  General Orders Number 8637, issued by Headquarters, 101st Airborne Division, dated 10 July 1969, awarded him the Bronze Star Medal for meritorious service in the Republic of Vietnam for the period 1 October 1968 to 31 May 1969.

5.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

6.  On 14 September 1969, the applicant was honorably released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying 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.  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 801st Maintenance Battalion, 101st Airborne Division was cited for award of the:

* Meritorious Unit Commendation for the period 1 November 1968 through 31 May 1969 by Department of the Army General Orders (DAGO) Number 39, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971

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

DISCUSSION AND CONCLUSIONS:
1.  General orders awarded the applicant the Bronze Star Medal for meritorious service in Vietnam during the period 1 October 1968 to 31 May 1969.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The available evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification that would have disqualified him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

3.  He participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.
4.  His unit was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  Evidence shows the applicant qualified sharpshooter with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show the appropriate weapons qualification badge.

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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding his the Army Good Conduct Medal (1st award) for the period
26 September 1966 through 14 September 1969; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      ___________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)                                         AR20120006814



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ABCMR Record of Proceedings (cont)                                         AR20120006814



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