BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140000676 


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 and the Army Commendation Medal be added to his DD Form 214 (Report of Separation from Active Duty) with an effective date of 7 September 1969. 

2.  The applicant states these awards were omitted from his DD Form 214. 

3.  The applicant provides:

* the orders, certificate, and citation awarding him the Bronze Star Medal
* the orders awarding him the Army Commendation Medal
* 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.  On 23 January 1968, he was inducted into the Army of the United States.  

3.  U.S. Army Quartermaster School Brigade, Fort Lee, VA Special Orders Number 149, dated 23 July 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  He served in the Republic of Vietnam from 2 September 1968 to 1 September 1969.  He was promoted to sergeant/pay grade E-5 on 1 April 1969.  He was assigned to:

* Company A, 9th Supply and Transportation Battalion from 12 September 1968 to 3 August 1969
* Company E, 709th Maintenance Battalion from 4 August to 1 September 1969

5.  Headquarters, 9th Infantry Division issued the following orders concerning the applicant:

	a.  General Orders Number 8525, dated 4 July 1969, awarding him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from September 1968 to June 1969.

	b.  General Orders Number 8649, dated 5 July 1969, awarding him the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from February 1969 to May 1969.

6.  On 7 September 1969, he was released from active duty.  He completed 
1 year, 7 months, and 15 days of active service that was characterized as honorable.  His DD Form 214 shows he is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  Additionally, there is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  During the time of the applicant’s assignment to the 9th Supply and Transportation Battalion the unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from January - June 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 19 December 1966 - 28 June 1969

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) shows he participated in the following campaigns:

* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968) 
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 	1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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.   

DISCUSSION AND CONCLUSIONS:

1.  His records contain orders showing he was awarded the Bronze Star Medal, the Army Commendation Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, these awards should be added to his DD Form 214.

2.  The applicant's records do not show indiscipline or lost time and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 23 January 1968 to 7 September 1969 ending with termination of a period of Federal military service.

3.  He participated in four campaigns in the Republic of Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.

4.  Based on his service with the 9th Supply and Transportation Battalion he is authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 (First Award) for his period of service from 23 January 1968 to 7 September 1969; and

	b.  amending his DD Form 214 with an effective date of 7 September 1969 by deleting the Vietnam Service Medal and adding the:

* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar




      _______ _  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)                                         AR20140000676



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ABCMR Record of Proceedings (cont)                                         AR20140000676



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