BOARD DATE:	  23 October 2012

		DOCKET NUMBER:  AR20120007971 


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 record to show he is authorized two Bronze Star Medals (BSM's).

2.  He states the National Personnel Records Center (NPRC) informed him there were no records authorizing award of the BSM to him.  He is requesting his second BSM.  He received the first one in the field in Vietnam.  The second was awarded when he was stationed at Fort Hood, TX.  He received the paperwork, but not the actual medal because he was on leave.  He would like to have the medal.

3.  He provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* General Orders (GO) Number 973
* BSM Certificate and Citation
* letter from NPRC

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 22 August 1966.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman) and he was assigned to duty in Vietnam.

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

* item 29 (Qualification in Arms) he qualified as Marksman with the M-14 and M-16 rifles and as a 2nd Class Gunner (now called Marksman) with the M-60 machine gun
* item 31 (Foreign Service) he was credited with service in Vietnam from 3 February 1967 to 26 January 1968
* item 38 (Record of Assignments) he was assigned to –

* Company C, 1st Battalion, 18th Infantry, 1st Infantry Division, Vietnam, from 12 February 1967 to 23 January 1968
* the 2nd Battalion, 52nd Infantry, 1st Armored Division, Fort Hood, TX, from 2 February 1968 through his release from active duty

* item 38 he received all "excellent" conduct and efficiency ratings

4.  His record shows his service in Vietnam coincided with two campaigns:  Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968).

5.  On 6 February 1968, Headquarters, 1st Infantry Division, issued GO Number 973 which announced his award of the BSM for meritorious service in the Republic of Vietnam (RVN) from February 1967 to January 1968.

6.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the Army Good Conduct Medal (AGCM).

7.  His record is void of documentation showing he was awarded a second BSM.

8.  On 21 August 1968, he was honorably released from active duty after completing 2 years of active military service.  His DD Form 214 shows he was awarded the:

* RVN Campaign Medal
* Vietnam Service Medal (VSM) with two bronze service stars
* National Defense Service Medal
* Combat Infantryman Badge

9.  He provides his DD Form 214 on which he has highlighted the two bronze service stars he is authorized to wear with his VSM.

10.  A review of the Awards and Decorations Computer Assisted Retrieval System, 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, failed to reveal orders pertaining to a second award of the BSM to him.

11.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.

13.  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.

14.  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 1st Battalion, 18th Infantry, was cited for award of the:

* Valorous Unit Award (VUA) for the period 6 October to 10 December 1967 in Department of the Army GO (DAGO) 32, dated 1973
* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 in DAGO 21, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 to 7 April 1970 in DAGO 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record includes GO announcing award of the BSM to him for meritorious service in the RVN from February 1967 to January 1968.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Based on his departure from Vietnam on or about 24 January 1968 and GO Number 973, dated 6 February 1968, awarding him the BSM for meritorious service in the RVN from February 1967 to January 1968 which he provides as evidence, it appears that the BSM he was presented at his follow-on assignment at Fort Hood was the very same BSM that he was presented in the field in Vietnam.  In such a case, he would have been provided copies of the orders documenting the BSM he was presented previously, but he would not have been issued another medal.

3.  There is no evidence showing he received a second award of the BSM.  On his DD Form 214, he highlighted the two bronze service stars he is authorized for wear with his VSM.  Bronze service stars are not equivalent to the BSM.  Bronze service stars designate participation in named campaigns during the period of eligibility for certain service medals.  The BSM is awarded for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or opposing armed force.

4.  In the absence of documentation showing he received a second award of the BSM, there is no basis for correcting his record to show a second award or for issuance of the award.

5.  He received "excellent" conduct and efficiency ratings during his service and there is no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 22 August 1966 to 21 August 1968 and to correct his DD Form 214 to show this award.

6.  His record shows he qualified as Marksman with the M-14 and M-16 rifles and the M-60 machine gun.  Therefore, he is entitled to correction of his DD Form 214 to show the Marksman Marksmanship Qualification Badge with Rifle (M-14), Rifle (M-16), and Machine Gun (M-60) Bars.

7.  He was assigned to a unit in Vietnam during a period for which the unit was cited for award of the VUA, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  _x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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) based on completion of a qualifying period of active Federal service from 22 August 1966 to 21 August 1968 and

	b.  adding the following awards to his DD Form 214:

* BSM
* AGCM (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle (M-14), Rifle (M-16), and Machine Gun (M-60) Bars
* VUA
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation



2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a second award of the BSM.



      ___________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)                                         AR20120007971



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ABCMR Record of Proceedings (cont)                                         AR20120007971



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