IN THE CASE OF:	  

		BOARD DATE:  29 October 2013

		DOCKET NUMBER:  AR20130004654 


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 the following awards:

* Bronze Star Medal
* Air Medal
* Army Commendation Medal

2.  The applicant states he was an infantryman and he risked his life while serving in Vietnam.  He states the medals were awarded to him; therefore, he believes they should be recorded on his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* Certificate, Citation, and General Order Number 7410, awarding him the Air Medal, dated 22 June 1969
* Certificate, Citation, and General Orders Number 6085, awarding him the Bronze Star Medal, dated 31 May 1969
* Certificate, Citation, and General Orders Number 2755, awarding  him the Army Commendation Medal, dated 27 March 1969

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 on 28 March 1968.  He completed training as a light weapons infantryman.  He arrived in Vietnam on 1 September 1968 and he was assigned to Company D, 1st Battalion (Airborne), 506th Infantry on 19 September 1968.

3.  He participated in the following four campaigns:

* Vietnam Counteroffensive, Phase V Campaign, which extended from 1 July through 1 November 1968
* Vietnam Counteroffensive, Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive Campaign, which extended from 23 February through 8 June 1969
* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969

4.  Headquarters, 101st Airborne Division published orders for the following awards: 

   a.  General Orders Number 2755 were published, on 27 March 1969, awarding the applicant the Army Commendation Medal.

   b.  General Orders Number 6085 were published, on 31 May 1969, awarding him the Bronze Star Medal.

   c.  General Order Number 7410 was published, on 22 June 1969, awarding him the Air Medal.

5.  The applicant's conduct and efficiency ratings were “excellent” while he was in the Army.  There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal.

6.  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 United States Army Human Resources Command, failed to reveal a copy of the orders awarding him the Bronze Star Medal.

7.  On 26 August 1969, the applicant departed Vietnam en-route to the United States.  He was honorably released from active duty on 29 December 1969 to attend school.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for the following awards:

* Presidential Unit Citation for the period 10 to 21 May 1969 by Department of the Army General Order (DAGO) Number 16, dated 1972
* Valorous Unit Award for the period 13 June to 23 September 1968 by DAGO Number 52, dated 1974
* Meritorious Unit Commendation for the period 14 March to 3 October 1968 by DAGO Number 5, dated 1977
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 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 to 2 May 1970 by DAGO Number 48, dated 1971

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized based on qualifying service for each campaign listed in Appendix B of this regulation to be worn on the appropriate service medal.

10.  Army Regulation 600-8-22 also states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for the award:
* Each 3 years completed on or after 27 August 1940
* 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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  Although the applicant submitted only the first page of the orders awarding him the Bronze Star Medal, the evidence is sufficient to show that orders were published awarding him the Air Medal, Bronze Star Medal, and the Army Commendation Medal.  His DD Form 214 should be corrected to show these medals.

3.  Records show the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  Records show the applicant's unit was cited in general orders for award of the Presidential Unit Citation, 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.  Therefore, his 
DD Form 214 should be corrected to show these unit awards.   

5.  While there is no entitlement to the Army Good Conduct Medal, the applicant's conduct and efficiency ratings were all “excellent” while he was in the Army.  There is no evidence of any justification for disqualification for award of the Army Good Conduct Medal (1st Award).

6.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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 the period 28 March 1968 through 29 December 1969 and amending his DD Form 214 to add the following awards:

* Air Medal
* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Presidential Unit Citation
* 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
* four bronze service stars to be affixed to his already-awarded 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)                                         AR20130004654



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ABCMR Record of Proceedings (cont)                                         AR20130004654



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