RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	   4 OCTOBER 2005
	DOCKET NUMBER:  AR20050001089 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Mr. Kenneth H. Aucock

Analyst

The following members, a quorum, were present:


Mr. Mark Manning

Chairperson

Mr. Larry Bergquist

Member

Ms. Carmen Duncan

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his record be corrected to show award of the Bronze Star Medal. 

2.  The applicant states that he was awarded the Bronze Star Medal for his service while in Vietnam.  

3.  The applicant provides a 17 February 2004 statement from his former rater who stated that he personally wrote and processed a recommendation that the applicant be awarded the Bronze Star Medal.   

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 14 June 1971.  The application submitted in this case is dated          6 January 2005.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant entered on active duty on 16 September 1968, completed basic combat training at Fort Bragg, North Carolina, and trained as an infantryman at Fort Polk, Louisiana, where he was awarded the Sharpshooter Marksmanship Qualification Badge with recoilless rifle bar.  In February 1969 the applicant was assigned to Fort Benning, Georgia for OCS (officer candidate school).  While at Fort Benning he was awarded the Expert Marksmanship Qualification Badge with rifle bar.   

4.  On 23 March 1987 an elimination board convened at St. Louis, Missouri to determine whether the applicant, then an Army Reserve captain assigned to the Army Reserve Control Group (Reinforcement) should be eliminated from the Army Reserve for failure to reply to official correspondence.  The elimination board recommended that the applicant be eliminated from the Army Reserve and that he be issued an Honorable Discharge Certificate.  The recommendation was approved by the convening authority.  The elimination board proceedings included:    

a.  A copy of the applicant’s DD Form 214 (Report of Transfer or Discharge), which shows that he was appointed a second lieutenant in the Army Reserve on 8 August 1969 and that he entered on active duty as a commissioned officer on that date.  That form shows that he served in Vietnam with the Military Assistance Command, Vietnam from 4 August 1970 to 4 June 1971 and that he was released from active duty at Oakland, California on          14 June 1971.  His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Joint Service Commendation Medal, and the Parachutist Badge.

b.  a copy of the applicant’s Officer Efficiency Report (OER) for the period 25 July 1970 to 29 May 1971, which shows that his rater, Major “N,” considered the applicant an outstanding officer, evidenced by his exemplary performance of his duties as an advisor to the Regional ARVN (Republic of Vietnam Army) political warfare battalion.  The applicant’s indorser, Mr. “No,” a civilian foreign service officer, felt the same way. 

c.  a copy of a certificate, less the issuing authority heading and authentication, showing that the Joint Service Commendation Medal was awarded to the applicant for meritorious achievement during the period              17 September 1970 to 17 December 1970 while serving as a political warfare advisor and Assistant G5 advisor for a psychological operations division in Military Region 4, Republic of Vietnam.  

d.  a copy of a certificate, less the issuing authority heading and authentication, showing that the Bronze Star Medal was awarded the applicant for meritorious service during the period August 1970 to June 1971 while       serving as assistant regional political warfare advisor and regional political warfare battalion advisor for a psychological operations division in Military   Region 4, Republic of Vietnam.

5.  The above-mentioned documents are part of the respondent’s exhibit to the elimination action.  The latter two documents are each stamped, “BEST AVAILABLE DOCUMENT.”

6.  In his 17 February 2004  statement of support, the applicant’s former rater, Major “N,” in addition to stating that he personally wrote and processed the award recommendation, indicated that Mr.”No,” a foreign service officer, was his rater.  He stated that he (Major “N”) was assigned to Military Region 4, and that they maintained liaison and coordinated psychological operations support to the 15 provincial headquarters in the region.  He stated that the applicant was heavily involved in all aspects of the duties assigned to his office.  He stated that he thought that the Bronze Star Medal had been awarded to the applicant upon his departure from Vietnam, that he received approval from all channels within his chain of command, and delivered the recommendation to JUSPAO (Joint United States Public Affairs Office) Headquarters in Saigon before he left the country.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The primary requirement for award of this, or any decoration, is that a formal recommendation must be prepared and administratively entered into official military channels by someone having witnessed or with knowledge of the act, achievement, or service to be honored.
  
8.  The Unit Citation and Campaign Participation Credit Register shows that the Republic of Vietnam Gallantry Cross Unit Citation with Palm was awarded to Headquarters, United States Military Assistance Command and it subordinate units during the period 8 February 1962 to 28 March 1973.
 
DISCUSSION AND CONCLUSIONS:

1.  The evidence suggests that the applicant was awarded the Bronze Star Medal for meritorious service while in Vietnam.  The date on the certificate indicated above corresponds with the dates of his service in Vietnam.  The certificate showing award of the Joint Service Commendation Medal, which is reflected on the applicant’s DD Form 214, is formatted like that of the certificate showing award of the Bronze Star Medal.     

2.  The statement provided by the applicant’s former rater appears to be valid.  He makes reference to his and the applicant’s duty positions and assignments in Vietnam, which correspond to those indicated on the referenced OER.  Additionally, he mentions his rater (which would have been the applicant’s senior rater) in his statement.  That person is his rater and the applicant’s senior rater on the referenced OER.   

3.  It would appear that the award recommendation was prepared and approved  just prior to the applicant’s departure from Vietnam and consequently, the necessary orders announcing the award may not have been in his records when he departed, and therefore absent authority, not entered on his DD Form 214.   

4.  For the reasons enumerated above, the applicant’s contention that he was awarded the Bronze Star Medal is accepted.  Therefore, in the interest of justice, the applicant should be awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period August 1970 to June 1971.

5.  The applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Expert Marksmanship Qualification Badge with rifle bar, and the Sharpshooter Marksmanship Qualification Badge with recoilless rifle bar.

 BOARD VOTE:

___MM__  ___LB  __  ___CD__  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Bronze Star Medal, Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Expert Marksmanship Qualification Badge with rifle bar, and the Sharpshooter Marksmanship Qualification Badge with recoilless rifle bar.
 




______Mark Manning________
          CHAIRPERSON




INDEX

CASE ID
AR20050001089
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051004
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.