IN THE CASE OF:	  

		BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120009225 


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.  The applicant states, in effect, he was awarded the Bronze Star Medal but it is not shown on his DD Form 214. 

3.  The applicant provides a certificate showing award of the Bronze Star Medal.

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's records show he was inducted into the Army of the United States on 5 February 1968 and held military occupational specialty 11B (Light Weapons Infantryman). 

3.  Special Orders (SO) Number 74, issued by Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson, SC, on 3 May 1968, awarded him the:

* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Expert Marksmanship Qualification Badge with Mortar Bar (81 mm)

4.  SO Number 183, issued by Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson, SC, on 15 October 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He was promoted to sergeant (SGT)/E-5 on 17 September 1968.  He served in Vietnam as an infantry squad leader from 19 December 1968 to 6 July 1969.  He was assigned to Company D, 4th Battalion, 47th Infantry, 9th Infantry Division.  

6.  While in Vietnam, Headquarters, 9th Infantry Division published the following SO or General Orders (GO) awarding him various awards:

* SO Number 14, on 14 January 1969, the Combat Infantryman Badge
* GO Number 1451, on 10 February 1969, the Air Medal for achievement
* GO Number 2291, on 27 February 1969, the Purple Heart for wounds received in action
* GO Number 5204, on 2 May 1969, the Army Commendation Medal for achievement

7.  His official service records do not contain GO awarding him the Bronze Star Medal.  However, it contains a certificate, dated 28 June 1969, accompanied by a citation showing he was awarded the Bronze Star Medal for service from December 1968 to June 1969.

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal.

9.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any Bronze Star Medal orders for him.


10.  He was honorably released from active duty in the rank/grade of SGT/E-5 on 5 August 1969.  He completed 1 year and 6 months of creditable active service with no lost time.  His DD Form 214 shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Vietnam Service Medal
* Army Commendation Medal
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

11.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.   

12.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214. 

13.  Army Regulation 600-8-22 contains 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 during his service in Vietnam campaign participation credit was awarded for the following three campaigns:

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

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 4th Battalion, 47th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January to June 1969 based on Department of the Army General Orders (DAGO) Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 based on DAGO Number 59, dated 1969
15.  A review of his records reveals no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.  

16.  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 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. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Bronze Star Medal, although there are no official orders available to confirm this award the nature of his assignment in Vietnam (squad leader), coupled with the fact that he received an Army Commendation Medal and Air Medal for achievement, and the presence in his official service record of both a certificate and a citation showing award of the Bronze Star Medal can only support his contention and suggest he was indeed awarded the Bronze Star Medal.  As such, his DD Form 214 should be corrected to show it.

2.  The evidence shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  His unit in Vietnam was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  He served honorably during the period 5 February 1968 through 5 August 1969.  He served in Vietnam, was awarded multiple combat awards, and he received "excellent" conduct and efficiency ratings throughout his military service. Lacking any other derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

5.  SO awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) and the Expert Marksmanship Qualification Badge with Mortar Bar (81mm) neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

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 a recommendation for 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 exemplary behavior, efficiency, and fidelity during the period 5 February 1968 through 5 August 1969
* deleting from his DD Form 214 the Vietnam Service Medal and adding the:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Expert Marksmanship Qualification Badge with Mortar Bar (81mm)



      _______ _   _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)                                         AR20120009225





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ABCMR Record of Proceedings (cont)                                         AR20120009225



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