IN THE CASE OF:	  

		BOARD DATE:	       11 December 2008

		DOCKET NUMBER:  AR20080015639 


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, in effect, recognition of his past accomplishments as an Army officer through the awarding of appropriate decorations, campaign and service medals, service ribbons, badges and tabs.

2.  The applicant states he was never issued the Air Medal for which he received orders, stating he was forced to purchase the decoration.  Thus, by extension, he also requests issuance of his previously awarded Air Medal.

3.  The applicant states he served on active duty as an Army Captain, Dental Corps, spending 1 year in Vietnam.  In Vietnam, he volunteered for MEDCAP (Medical Civic Action Program) duties and accompanied US Navy personnel on Swift Boat patrols.  He would enter villages and provide medical treatment, including tooth extractions, to indigenous personnel.  Sensing his patients were confused about post-operative instructions, he coordinated with Psychological Warfare (PSYWAR) translators and had instructions cards printed for distribution to indigenous patients.  His idea was picked up and used throughout Vietnam, but his commanding officer took credit for it and he was never recognized.

4.  The applicant states when he accompanied Swift Boat personnel, they often came under enemy fire.  Later, when he served in support of the 101st Airborne Division on aeromedical evacuation flights (DUSTOFF), he received considerable ground fire and actually functioned as a door gunner on the UH-1H helicopters.  His supervisor while he was with the 101st Airborne Division was a Major who “threw all of [his] instruments away, because he [the Major] didn’t use them.”  

While the Major traipsed around with an information officer and a photographer, he was left to treat the troops of the 101st.  He understood the Major received a Legion of Merit while his service went unrecognized.

5.  In Germany, he was assigned to the United States European Command (USEUCOM) and was the treating dentist for the Commanding General and 17 other general officers/equivalents.  He did an outstanding job and he initiated oral hygiene lectures on Saturdays for Soldiers and dependents.  His clinic chief gave him a “95” on his Officer Evaluation Report (OER), saying only two other Army dentists were worthy of receiving a “90” on an OER.  Following this, he was put in charge of the Boeblingen Dental Clinic.  His predecessor, who had put the clinic into complete disarray, received an Army Commendation Medal, and he had to work hard to restore order.

6.  When he left the Army, the applicant states he received no recognition for his contributions.  He states he feels slighted; his duty performance exceeded that of his compatriots, both in Vietnam and Germany, but they received decorations and he did not.  He adds the only decoration he was awarded and received was the Bronze Star for meritorious service while in Vietnam.  Although he was awarded other decorations, and authorized other campaign and service medals, he never received them.

7.  The applicant provides:

	a.  A 3-page, self-authored letter, dated 5 September 2008.

	b.  A copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 31 December 1965 through 12 January 1971 and showing the Bronze Star Medal, Air Medal, National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal with Device 1960.

	c.  A 5 March 2004 letter from the National Personnel Records Center informing him that there is no record of an authorization for award of the Combat Medical Badge.

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 appointed as a US Army Reserve (USAR) Second Lieutenant in the Medical Services Corps in 1964.  In December 1965, he graduated from the University of Pennsylvania School of Dentistry and was appointed as a Captain, USAR, Dental Corps on 31 December 1965.

3.  The applicant entered on active duty on 31 December 1965.  Upon completion of required training, he was assigned to Fort Campbell, KY where he served as a dentist from February through October 1966.  He departed Fort Campbell for duty in Vietnam in late 1966.

4.  The applicant served in Vietnam during the period 27 November 1966 through 26 November 1967.  He was assigned to the 934th Medical Detachment for the entire period and no other information is known of his service.

5.  The applicant departed Vietnam en route to Germany, arriving there on 23 January 1968.  No other information is available concerning his accomplishments while in Germany.  However, in December 1968, he applied for integration into the Regular Army, but he was not selected.  He requested to be released from active duty (REFRAD) and was separated on 12 January 1971.

6.  The applicant’s records indicate entitlement to various awards that do not appear on his DD Form214.

7.  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 document shows the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 1 January 1967 to 30 November 1968, by Department of the Army General Order Number 56, dated 1969.  It also shows that the unit was awarded the Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.

8.  During his service in Vietnam, the applicant participated in four campaigns – Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968); TET Counteroffensive, ( 30 January 1968 to 1 April 1968); Vietnam Counteroffensive, Phase IV, (2 April 1968 to 30 June 1968); and Vietnam Counteroffensive, Phase V, (1 July 1968 to 1 November 1968).  He is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The objective of the Army Military Awards Program is to provide tangible recognition for acts of valor, exceptional service or achievement, special skills or qualifications, and acts of heroism not involving actual combat.  To be fully effective, an award must be timely.  Undue delay in submitting a recommendation may preclude its consideration.  It is highly desirable that a recommendation be placed in military channels and acted upon as quickly as possible.  To that end each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  No military decoration, except the Purple Heart, will be awarded more than 3 years after the act or period of service to be honored.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the appropriate decorations, campaign and service medals, service ribbons, badges and tabs that he is authorized.

2.  The applicant was released from active duty on 12 January 1971; all of the situations he recounted occurred between December 1965 and January 1971.

3.  Army Regulation 600-8-22 provides each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored, and no military decoration, except the Purple Heart, will be awarded more than 3 years after the act or period of service to be honored.

4.  For the Army Military Awards Program to be successful, commanders must promptly acknowledge the accomplishments of subordinates and make appropriate recommendations for awards through military channels to the approving authority.  Apparently the applicant’s commanders were remiss in this most critical aspect of their duties by not recognizing the contributions which the applicant made during his service.

5.  While there is no avenue by which to enumerate the applicant’s contributions and offer the appropriate recognition at this late date, a review of his record reveals various unit awards which he is authorized and which should be added to his DD Form 214.  Additionally, accepting the applicant’s statement that the only authorized decoration he received was his Bronze Star Medal, he should be provided with medal sets for all of his authorized decorations.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  Removing the Vietnam Service Medal from his DD Form 214;

	b.  Adding the Vietnam Service Medal with 4 bronze service stars, the Meritorious Unit Commendation, and the Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214; and

	c.  Presenting him the Air Medal, National Defense Service Medal, Vietnam Service Medal with 4 bronze service stars, and Meritorious Unit Commendation.  The Vietnam Gallantry Cross with Palm Unit Citation and Vietnam Campaign Medal with Device 1960 are foreign awards and not available for issue.


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award recognition for any other unspecified decorations, campaign and service medals, service ribbons, badges and tabs.



															XXX
      _______ _   _______   ___
               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)                                         AR20080015639



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080015639



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1