IN THE CASE OF:	  

		BOARD DATE:  15 November 2012

		DOCKET NUMBER:  AR20120007317 


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.  He states the Bronze Star Medal orders apparently did not get filed in his records due to being published shortly before his early release from active duty.

3.  He provides his DD Form 214 and Bronze Star Medal orders with 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.  His military records show he was inducted into the Army of the United States on 24 March 1970.  He was awarded the military occupational specialty of 13A (Field Artillery Basic).  He was promoted to the rank of specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 14 August 1970 to 27 October 1971.  He was assigned to Battery B, 2nd Battalion, 319th Artillery (Airmobile) from 26 August 1970 to 21 October 1971 and he performed duties as an intelligence specialist. 

4.  He submits General Orders Number 9286, dated 10 September 1971, published by Headquarters, 101st Airborne Division (Airmobile), awarding him the Bronze Star Medal for meritorious service during the period October 1970 to October 1971.

5.  His records contain General Orders Number 10825, dated 20 November 1971, published by Headquarters, 101st Airborne Division (Airmobile), awarding him the Bronze Star Medal for meritorious service during the period October 1970 to October 1971. 

6.  He was honorably released from active duty on 28 October 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 7 months, and 5 days of creditable active service.

7.  His DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam he participated in the Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) and Consolidation I 
(1 July - 30 November 1971) campaigns.

11.  Army Regulation 600-8-22 states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the RVN was awarded the RVN Gallantry Cross with Palm Unit Citation. 

13.  Army Regulation 600-8-22 states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal on two separate general orders for the same time period for meritorious service.  The regulation states that only one decoration will be awarded to an individual for the same period of meritorious service.  As such, it appears he is entitled to have one award of the Bronze Star Medal added to his DD Form 214.

2.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 24 March 1970 through 28 October 1971 and to add this award to his DD Form 214.

3.  He was awarded the Vietnam Service Medal and evidence shows he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with two bronze service stars.

4.  Evidence shows he served in the RVN for a period authorizing him the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to have this medal added to his DD Form 214.

5.  The evidence shows he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and his records should be corrected to show this unit award.

6.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 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 Army Good Conduct Medal (1st Award) for the period 24 March 1970 through 28 October 1971; 

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

	c.  adding to his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, RVN Campaign Medal with Device (1960), and RVN Gallantry Cross with Palm 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)                                         AR20120007317



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ABCMR Record of Proceedings (cont)                                         AR20120007317



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