IN THE CASE OF:	  

		BOARD DATE:  5 February 2014

		DOCKET NUMBER:  AR20130008654 


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 (BSM).

2.  The applicant states he was awarded the BSM while serving in the Republic of Vietnam (RVN).

3.  The applicant provides copies of his award documents and 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 22 April 1968.  He was awarded military occupational specialty (MOS) 76Y (Supply Specialist) and promoted to specialist five (SP5)/E-5 on 2 January 1969.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), he served in Vietnam from 20 September 1968 through 26 July 1969;

	b.  item 38 (Record of Assignments):

* Headquarters and Headquarters Company (HHC), 2nd Brigade,
9th Infantry Division, from 28 September 1968 through 19 July 1969
* Headquarters and Headquarters Battery, 3rd Battalion, 34th Artillery, from 20 through 31 July 1969

   c.  item 41 (Awards and Decorations) does not show the BSM.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 21 April 1970.  He completed 2 years of total active service.  It shows he was awarded or authorized the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)

5.  A review of the applicant's military personnel records failed to reveal any evidence that he was awarded the BSM.

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 U.S. Army Human Resources Command, revealed a copy of Headquarters, 9th Infantry Division, General Orders Number 4200, dated 8 April 1969, that awarded the applicant the Army Commendation Medal (ARCOM) for meritorious achievement in the RVN during the period 20 September 1968 to 19 March 1969.

7.  In support of his application the applicant provides copies of his BSM Certificate and Citation and Headquarters, 9th Infantry Division, General Orders Number 7831, dated 28 June 1969, that awarded the applicant the BSM for meritorious service in the RVN during the period September 1968 to June 1969.

8.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

9.  Item 38 of the applicant's DA Form 20 and a Fort Ord Form 700 (Conduct and Efficiency Ratings), dated 10 April 1970, show he received all "excellent" conduct and efficiency ratings throughout the period of his military service.  A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). 

10.  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.  There must have been no convictions by a court-martial.  

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

   a.  Paragraph 2-13 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.

   b.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows HHC, 2nd Brigade, 9th Infantry Division, was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period  January 1969 through June 1969 by Department of the Army General Orders (DAGO) Number 59 (1969)
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
19 December 1966 through 28 June 1969 by DAGO Number 59 (1969)

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows:

	a.  general orders awarded the applicant the BSM;

	b.  the applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in Vietnam.  Thus, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal; and

	c.  general orders awarded the applicant's unit the:

* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

2.  The applicant served a period of continuous, honorable active duty enlisted service from 22 April 1968 through 21 April 1970.

   a.  He was promoted to SP5 (E-5) with less than eight months of active service and he received all "excellent" conduct and efficiency ratings during his service.

   b.  He was awarded the ARCOM for meritorious achievement and the BSM for meritorious service during the period September 1968 to June 1969.

   c.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

   d.  Based on the available evidence, it would be appropriate at this time to award the applicant the Army Good Conduct Medal (1st Award) for the period
22 April 1968 through 21 April 1970.

3.  In view of the foregoing, it would be appropriate to correct the applicant's  
DD Form 214 to show his awards and decorations, 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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period
22 April 1968 through 21 April 1970 (Standard Name Line:  SP5  Headquarters and Headquarters Company, General Support Group, Fort Ord, CA);

   b.  deleting from his DD Form 214 the Vietnam Service Medal; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation




      _______ _  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)                                         AR20130008654



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ABCMR Record of Proceedings (cont)                                         AR20130008654



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