BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120011074 


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 be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states the certificate is proof of this award.  He is now getting some respect for serving in Vietnam and doesn't feel bad about it anymore.

3.  The applicant provides the original certificate for award of a Bronze Star Medal for meritorious service for the period 5 to 14 November 1966 as well as copies of the citation and 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 and entered active duty on 2 July 1965.  He completed training, including advanced individual training as a radio telephone operator, and was posted to Vietnam.

3.  The applicant served in Vietnam from 5 December 1965 through 24 November 1966 with Headquarters and Headquarters Service Battery, 8th Battalion, 6th Artillery.  1st Infantry Division General Orders Number 1095, dated 8 February 1967, awarded him the Bronze Star Medal for meritorious achievement for the period 5 to 14 November 1966.

4.  His DA Form 20 (Enlisted Qualification Record) shows:

   a.  in item 38 Record of Assignments) – “excellent” conduct and efficiency ratings throughout his period of active service;

   b.  in item 41 (Awards and Decorations):

* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal (RVN) with Device (1960)
* Two Overseas Service Bars
* Marksman Qualification Badge with Rifle Bar

   c.  there is no misconduct of record.

5.  On 30 June 1967, the applicant was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve as a specialist four/E-4.  His DD Form 214 lists the same awards as his DA 
Form 20.

6.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any additional information pertaining to the applicant.

7.  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 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.  

8.  Army Regulation 600-8-22 (Military Awards) states 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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Campaigns that coincided with the applicant's tour of duty Vietnam include the Vietnam Counteroffensive from 25 December 1965 - 30 June 1966 and Vietnam Counteroffensive Phase II from 1 July 1966 - 31 May 1967.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 8th Battalion, 6th Artillery was awarded the Meritorious Unit Commendation for the period 1 June  through 31 December 1966 by Department of the Army General Order Number (DAGO).17 dated 1968, the RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October by DAGO 21 dated 1969, and the RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO 53 dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal for meritorious achievement.  

2.  He served a period of active service of more than 1 year with exclusively “excellent” conduct and efficiency ratings and without any recorded misconduct.  Notwithstanding the absence of a recommendation or orders, he should be awarded the Good Conduct Medal.

3.  He served in Vietnam during two designated campaign periods and is authorized to wear two bronze service stars on the Vietnam Service Medal.

4.  His unit was awarded the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

5.  The above awards should be added to his DD Form 214.


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 Army Good Conduct Medal (1st Award) for the period 2 July 1965 through 30 June 1967; and 

	b.  showing on his DD Form 214 that, in addition to the awards already listed, he is authorized the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two bronze service stars for wear on the Vietnam Service 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)                                         AR20120011074



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ABCMR Record of Proceedings (cont)                                         AR20120011074



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