IN THE CASE OF:	 

		BOARD DATE:	    11 October 2012

		DOCKET NUMBER:  AR20120007405 


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 reconsideration of his request for 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 (BSM).

2.  He states after much searching he found a copy of orders awarding him the BSM.

3.  He provides:

* a self-authored statement, dated 6 April 2012
* BSM Certificate and citation
* General Orders Number 5809, issued by Headquarters, 101st Airborne Division, dated 9 July 1971

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110014542, on 26 January 2012.

2.  He provides a copy of General Orders Number 5809 awarding him the BSM that were not previously reviewed by the ABCMR.  Therefore, these orders are new evidence that warrant consideration by the Board.

3.  The applicant was inducted into the Army of the United States on 19 January 1970.  He completed training and he was awarded military occupational specialty 76P (stock control and accounting specialist).  He was transferred to Vietnam on 10 July 1970.  During his assignment to Vietnam he was assigned to:

* Battery C, 5th Battalion, 22nd Artillery from 13 July through 18 November 1970
* Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry from 19 November 1970 to 5 July 1971

4.  General Orders Number 5809, dated 9 July 1971, awarded the applicant the BSM for meritorious service in connection with ground operations against a hostile force during the period July 1970 to July 1971.

5.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for and awarded the first award of the Army Good Conduct Medal (AGCM).  Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

6.  On 20 January 1972, the applicant was honorably early released from active duty to join the Army National Guard.  The DD Form 214 he was issued at the time shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Two overseas service bars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and
M-16)

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

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

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 units to which the applicant was assigned was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period:

* 1 April through 16 April 1971 by Department of the Army General Orders (DAGO) Number 54, dated 1974
* 1 March through 9 October 1971 by DAGO Number 6, dated 1974

10.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the BSM for meritorious service in Vietnam for the period July 1970 to July 1971.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record shows no evidence of any disciplinary actions or a commander's disqualification for award of the AGCM.  Evidence shows he received all "excellent" conduct and efficiency ratings through his service.  Therefore, he it would be appropriate at this time to award him the first award of the AGCM for the period 19 January 1970 through 20 January 1972 and to correct his DD Form 214 to show this award.

3.  He participated in two campaigns during his service in Vietnam that entitles him to two bronze stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  The applicant's units in Vietnam were cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. 

Although he is only authorized to wear one of these awards, he is entitled to correction of his DD Form 214 to show all awards.  Therefore, his DD Form 214 should be corrected accordingly.

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 amendment of the ABCMR’s decision in Docket Number AR20110014542, dated 26 January 2012.  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 him the Army Good Conduct Medal AGCM (1st Award) for the period 19 January 1970 through 20 January 1972; 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
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)



      ___________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)                                         AR20120007405



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ABCMR Record of Proceedings (cont)                                         AR20120007405



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