IN THE CASE OF:	  

		BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120010813 


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 the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he received the BSM on 25 May 1971.  

3.  The applicant provides:

* Award certificate for the BSM
* 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 
3 September 1969.  He completed his training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 7 June 1970.  He was assigned to Company E, 2nd Battalion, 35th Infantry of the 4th Infantry Division in Vietnam from 26 June 1970 to 2 November 1970.  He was assigned to Companies B and E, 4th Battalion, 3rd Infantry in Vietnam from 8 November 1070 to 30 April 1971.  On 1 May 1971, he was honorably released from active duty in the rank of specialist four after completing 1 year, 7 months, and 29 days of creditable active service with no lost time.

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

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* one Overseas Service Bar
* Marksman Marksmanship Qualification Badge with Rifle Bars (M-16 and M-14)

4.  Orders, dated 25 May 1971, show he received the BSM. 

5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  His DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

6.  Records show he participated in two campaigns during his assignment in Vietnam.

7.  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:

	a.  2nd Battalion, 35th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period     29 July 1969 to 17 November 1970 in Department of the Army General Orders (DAGO) 52, dated 1971.

	b.  4th Battalion, 3rd Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 8 February 1971 to 30 April 1971 in DAGO 42, dated 1972.
8.  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 with Palm 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 show all awards received.
unit awards

9.  Army Regulation 672-5-1 (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.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

 1.  Orders show he received the BSM.  His DD Form 214 should be corrected to show this medal.

2.  He was honorably released from active duty in the rank of specialist four with nearly 20 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 3 September 1969 through 1 May 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in two campaigns during his service in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show this award.





4.  His units in Vietnam (2nd Battalion, 35th Infantry and 4th Battalion, 
3rd Infantry) were each cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Although he is entitled to wear only one of these awards his DD Form 214 should be corrected to show both unit awards.

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:

	a.  awarding him the first award of the Army Good Conduct Medal for the period 3 September 1969 through 1 May 1971; and

	b.  adding the BSM, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.



      _______ _   __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)                                         AR20120010813





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ABCMR Record of Proceedings (cont)                                         AR20120010813



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