IN THE CASE OF:	  

		BOARD DATE:  29 November 2012

		DOCKET NUMBER:  AR20120009723 


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 with "V" Device and oak leaf cluster (indicating 2nd award) and Army Commendation Medal.

2.  He states:

	a.  he is attempting to obtain the medals and the narratives of the recommendations for the medals he received in connection with his service in Vietnam.

	b.  although his DD Form 214 indicates he was awarded the Vietnam Service Medal with two bronze service stars, he was actually awarded a Bronze Star Medal with "V" Device for heroism and a Bronze Star Medal (2nd award) for service.

	c.  he attached copies of letters he sent to his parents and spouse explaining when he was awarded the Bronze Star Medal with "V" Device.

	d.  he was awarded the second Bronze Star Medal close to his departure from Vietnam and a photograph wherein he and another Soldier are wearing their recently-awarded medals.

	e.  he wants to leave a legacy to his dependents and is willing to do whatever it takes in order to recover the awards that were lost due to numerous moves after he departed the military.

3.  He provides:

* his DD Form 214
* his DA Form 20 (Enlisted Qualification Record)
* a self-authored statement
* correspondence
* a photograph

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 November 1968.  

3.  His DA Form 20 shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 5 May 1969 through 11 April 1970.

	b.  item 38 (Record of Assignments) he served in Vietnam with C Company, 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division from 28 May 14 August 1969. 

	c.  item 38 he served with Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division, from 15 August 1969 to 8 April 1970.

	d.  item 38 he received all "excellent" conduct and efficiency ratings throughout his service.
4.  His record contains:
   a.  Special Orders Number 34, issued by Headquarters, U.S. Training Center and Fort Leonard Wood, dated 3 February 1969, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.
   
   b.  Special Orders Number 047, issued by Headquarters, U.S. Training Center,  Infantry and fort Polk, dated 24 February 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
   
   c.  Special Orders Number 061, issued by Headquarters, U.S. Training Center,  Infantry and fort Polk, dated 12 March 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).
   
   d.  Special Orders Number 321, dated 19 August 1969, issued by Headquarters, 4th Infantry Division, awarding him the Combat Infantryman Badge.

5.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

6.  On 1 September 1970, the applicant was honorably released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows award of the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

7.  His DD Form 214 does not show award of the Bronze Star Medal (2nd award) with "V" Device or the Army Commendation Medal.

8.  His record does not contain orders awarding him the Army Commendation Medal or a second Bronze Star Medal.  

9.  A Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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, reveals General Orders Number 6017, issued by Headquarters, 4th Infantry Division, dated 20 September 1969, awarded him the Bronze Star Medal with "V" Device for heroism in the Republic of Vietnam on 8 August 1969.

10.  A further review of ADCARS failed to reveal orders for a second award of the Bronze Star Medal or Army Commendation Medal pertaining to the applicant.

11.  He submitted two letters to family members which indicate he was awarded the Bronze Star Medal with "V" Device.

12.  He submitted a picture, which shows two Soldiers, one of whom he indicates is him, wearing Bronze Star Medals.

13.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 states 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.

15.  A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.

16.  Army Regulation 600-8-22 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 three campaigns:

* Tet 69 Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

17.  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 qualifying 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.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows a unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 28 May to 14 August 1969 by Department of the Army General Orders (DAGO) Number 3, dated 1970.

DISCUSSION AND CONCLUSIONS:
1.  General orders awarded the applicant the Bronze Star Medal with "V" Device for heroism in Vietnam on 8 August 1969.  Therefore, his DD Form 214 should be corrected to show this award.

2. There is no evidence of record showing he was awarded a second Bronze Star Medal for service or an Army Commendation Medal.  Therefore, he is not entitled to have his DD Form 214 corrected to show these awards.

3.  The available evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification that would have disqualified him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

4.  Special orders awarded him the Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Qualification Badge with Machine Gun Bar (M-60), and Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  Therefore, his DD Form 214 should be corrected to show these badges.

5.  He participated in three campaigns during his service in Vietnam which entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

6.  DAGO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show this foreign award.

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.  deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st award) for the period
1 September 1968 to 22 November 1970; and

	c.  adding to his DD Form 214 the Bronze Star Medal with "V" Device, 
Army Good Conduct Medal (1st award), Combat Infantryman Badge, Vietnam Service Medal with three bronze service stars Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Qualification Badge with Machine Gun Bar (M-60), and Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  

2.  The Board further determined that 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 Bronze Star Medal (2nd award) and Army Commendation 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)                                         AR20120009723





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ABCMR Record of Proceedings (cont)                                         AR20120009723



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