IN THE CASE OF:	 

		BOARD DATE:	20 December 2012

		DOCKET NUMBER:  AR20120010983


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 reconsideration of an earlier Army Board for Correction of Military Records (ABCMR) decision pertaining to his request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Bronze Star Medal (BSM).

2.  The applicant also requests correction of his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant states the BSM must have been overlooked when his DD Form 214 was prepared.

4.  The applicant provides a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 2 June 2005, and a copy of his military identification card.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20090013587 on 7 January 2010.

2.  The applicant provides a letter from the NPRC, St. Louis, dated 2 June 2005, that he feels constitutes new evidence not previously considered by the Board.  Although this new evidence was not submitted within the ABCMR's regulatory 

timelines for reconsideration, when considered along with compelling documentation contained within his official record, these documents justify the reconsideration of his previous request as an exception to policy.

3.  The applicant was inducted into the Army of the United States on
14 November 1966.  He completed initial entry training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained during his period of service was sergeant (SGT)/E-5.

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 4 December 1967 to                 6 November 1968.  Item 38 (Record of Assignments) of his DA Form 20 shows that during this period of service he was assigned to Company B, 1st Battalion (Airborne), 506th Infantry Regiment, 101st Airborne Division.

5.  On 6 November 1968, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge

6.  His military personnel record contains the original BSM certificate and citation that indicates he was awarded the BSM for meritorious service in ground operations against a hostile force in the Republic of Vietnam during the period
1 January 1968 to 31 August 1968.  His BSM certificate is signed by Major General M----- Z---, the commander of the 101st Airborne Division.

7.  His record does not contain orders for the BSM.

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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.

9.  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.

10.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed the military awards program in Vietnam during the Vietnam War.  It stated the BSM may be awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the BSM was generally delegated no lower than brigadier generals in command of separate brigades.

11.  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 (Airborne), 506th Infantry Regiment, the unit to which the applicant was assigned, was cited for the:

* Valorous Unit Award for the period 13 June through 23 September 1968, by Department of the Army General Orders (DAGO) Number 52, dated 1974
* Meritorious Unit Commendation for the period 14 March through
3 October 1968 by DAGO Number 5, dated 1977
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 3 October 1968 through 2 May 1970 by DAGO Number 48, dated 1971

12.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM.  Additionally, there is no evidence of any convictions by a courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

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 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 and no conviction by a court-martial.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of 5 bronze service stars.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following 5 campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

15.  Special Orders Number 15, issued by Headquarters, 1st Training Brigade, Fort Jackson, SC, dated 19 January 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

16.  Special Orders Number 38, issued by Headquarters, 3rd Training Brigade (Infantry), U.S. Army Training Center, Fort Gordon, GA, dated 13 March 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

17.  Special Orders Number 41, issued by the same headquarters, dated
20 March 1967, awarded him the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106mm).

18.  Special Orders Number 50, issued by same headquarters, dated 18 April 1967, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of the ABCMR's previous decision regarding his request for correction of his DD Form 214 to show he was awarded the BSM was carefully considered and determined to have merit.

2.  Award of the BSM requires a formal recommendation, approval through the chain of command, and announcement in orders.  The applicant's record does 

not contain orders for the BSM; however, it does contain his original BSM certificate and citation.  This is compelling evidence, since they were contained within an official U.S. Army record.  Additionally, given the timeframe represented by the award, a BSM as an end-of-tour award would be consistent with his overall service in the Republic of Vietnam.  The absence of orders in this case does not preclude granting his request for correction of his DD Form 214 to show the Bronze Star Medal as an exception to policy.

3.  General orders awarded his unit of assignment in the Republic of Vietnam the Valorous Unit Award, Meritorious Unit Commendation, 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 assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  He served honorably from 14 November 1966 through 6 November 1968.  His record shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM
(1st Award) and to correct his DD Form 214 to show this award.

5.  His record shows he participated in 5 campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this silver service star.

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106mm), and the Expert Marksmanship Qualification Badge with Pistol Bar
(.45 caliber).  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20090013587, dated 7 January 2010.  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;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
14 November 1966 through 6 November 1968; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct (1st Award)
* Vietnam Service Medal with one silver service star
* Valorous Unit Award
* Meritorious Unit Commendation 
* 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 Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106mm)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      ___________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20120010983



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