BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120008395 


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 two Bronze Star Medals and all other medals that may have been omitted.

2.  The applicant states he would like all medals and awards to which he may be authorized added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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 25 June 1969.  Upon completion of initial entry training he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  His record contains General Orders Number 9662 issued by Headquarters, 25th Infantry Division, dated 18 September 1970, which show he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period November 1969 to November 1970.

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 20 November 1969 through on or about 29 October 1970.  He was assigned as follows:

* 28 November 1969-2 March 1970 – Company C, 1st Battalion, 18th Infantry, 1st Infantry Division
* 3-29 March 1970 – Company B, 1st Battalion, 26th Infantry, 1st Infantry Division
* 30 March-29 October 1970 – Company A, 2d Battalion (Mechanized), 22d Infantry, 25th Infantry Division

5.  On 1 April 1971, he was honorably released from active duty.

6.  His DD Form 214 shows he was awarded or authorized the:

* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal with 1st Oak Leaf Cluster
* Republic of Vietnam Civil Actions Honor Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal

7.  His records do not contain orders awarding him a second Bronze Star Medal.

8.  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 award of a second Bronze Star Medal pertaining to the applicant.

9.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no derogatory information in his file that would have disqualified him from receiving the first award of the Army Good Conduct Medal.

10.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal 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.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Bronze Star Medal 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.

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

12.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Winter-Spring 1970
* Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  Department of the Army General Orders Number 2, dated 1971, awarded the 1st Battalion, 18th Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 September 1969-28 February 1970.

	b.  Department of the Army General Orders Number 5, dated 1973, awarded the 2d Battalion, 22d Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968-30 September 1970.

	c.  An individual may not wear more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  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.  The applicant requests correction of his DD Form 214 to show award of two Bronze Star Medals and all other awards that may have been omitted.

2.  General orders awarded him the Bronze Star Medal; however, his record is void of orders or recommendations for a second Bronze Star Medal.  It would be appropriate to correct his DD Form 214 to show one award of the Bronze Star Medal.

3.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 18th and 22d Infantry Regiments during the period of the applicant's assignment.  Therefore, his record should be corrected to show these unit awards.

4.  He participated in three campaigns during his service in Vietnam and he is authorized three bronze service stars; however, his DD Form 214 only reflects two bronze service stars.  It would be appropriate to correct his DD Form 214 to show three bronze service stars for wear on his previously-awarded Vietnam Service Medal.

5.  He met the eligibility criteria for award of the Army Good Conduct Medal based on his "excellent" conduct and efficiency ratings throughout his service with no record of any disciplinary actions.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his records should be corrected to show this award.

6.  In view of the above, his should be granted partial relief.



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 awarding him the Army Good Conduct Medal (1st Award) for the period 25 June 1969 through 1 April 1971 and amending his DD Form 214 by:

* deleting award of the Vietnam Service Medal with two bronze service stars
* adding award of the –

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)

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 the award of a second Bronze Star Medal.



      __________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)                                         AR20120008395



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ABCMR Record of Proceedings (cont)                                         AR20120008395



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