IN THE CASE OF: BOARD DATE: 29 September 2011 DOCKET NUMBER: AR20110004986 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 Bronze Star Medal. 2. The applicant states he was awarded the Bronze Star Medal, but it is not on his DD Form 214. 3. The applicant provides 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 an Army of the United States (AUS) Soldier from 28 May 1968 through 27 May 1970 when he was honorably released from active duty and transferred to the US Army Reserve. 3. During his AUS service, the applicant was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman). He served in the Republic of Vietnam (RVN) from 12 November 1968 through 12 November 1969 where he was assigned to Company A, 1st Battalion, 16th Infantry, 1st Infantry Division (The Big Red One). 4. General Orders Number 13097, Headquarters, 1st Infantry Division, RVN, dated 19 October 1969, awarded the applicant the Bronze Star Medal for meritorious service. 5. The applicant's Official Military Personnel File (OMPF) contains orders awarding him: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 6. The applicant's OMPF contains a DA Form 20 (Enlisted Qualification Record) that shows he received "excellent" conduct and efficiency ratings throughout his AUS service. The applicant did not have any court-martial convictions. 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 8. 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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April – October 1968 by Department of the Army General Order Number 2, dated 1971. The unit was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by Department of the Army General Order Number 53, dated 1970. DISCUSSION AND CONCLUSIONS: 1. The applicant requests the Bronze Star Medal be added to his DD Form 214. 2. General orders awarded the applicant the Bronze Star Medal; it should be added to his DD Form 214. 3. The applicant qualified for award of the Army Good Conduct Medal based on his "excellent" conduct and efficiency, with no court-martials. He should be awarded the Army Good Conduct Medal for the period 28 May 1968 through 27 May 1970, and it should be added to his DD Form 214. 4. The applicant was awarded the following marksmanship badges which should be added to his DD Form 214: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 5. The applicant's unit was awarded the following foreign unit citations during his tenure, and these should be added to his DD Form 214: * 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: * awarding him the Army Good Conduct Medal for the period 28 May 1968 through 27 May 1970 * adding to his DD Form 214 – * Bronze Star Medal * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * 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) AR20110004986 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110004986 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1