IN THE CASE OF:	  

		BOARD DATE:	       7 April 2009

		DOCKET NUMBER:  AR20080016114 


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 award of the Bronze Star Medal, the Army Commendation Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states that he was recommended for award of the Army Commendation Medal when his unit, Battery C, 6th Battalion, 14th Field Artillery, was deactivated in the Republic of Vietnam.  He also states that he was reassigned to Battery C, 7th Battalion, 15th Field Artillery, and was recommended for award of the Bronze Star Medal and a second award of the Army Commendation Medal; however, he has not received either award.  He further states that veterans who served in the Republic of Vietnam from 1 March 1961 to 29 March 1973 are eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant did not provide any additional documentary evidence in support of his request.

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 requests award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  A review of the applicant’s records indicates that he was issued a DD Form 215 (Correction to DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)) on 3 April 2003 that added, among other awards, award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant was provided a copy of the DD Form 215 by separate correspondence.  Therefore, the issue of award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation will not be discussed further in the Record of Proceedings.

3.  With prior enlisted service, the applicant's records show he was appointed as a Field Artillery second lieutenant and executed an oath of office on 9 June 1969. He was subsequently ordered to and entered active duty on 25 August 1969.  He completed the Field Artillery Officer Basic Course and was assigned to the 84th U.S. Army Missile Detachment, Germany, as a team commander.  He was honorably released from active duty on 24 June 1971.

4.  The applicant’s records show that he served in the Republic of Vietnam from on or about 4 October 1970 to on or about 19 June 1971.  He was assigned as follows:

	a.  from on or about 6 October 1970 to on or about 16 November 1970, Battery C, 6th Battalion, 14th Field Artillery; and 

	b.  from on or about 17 November 1970 to on or about 19 June 1971, Battery C, 7th Battalion, 15th Field Artillery.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 as amended shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Item 24 does not show award of the Bronze Star Medal and/or the Army Commendation Medal.

6.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) does not show award of the Bronze Star Medal and/or the Army Commendation Medal.

7.  The applicant's records do not contain general orders showing he was awarded the Bronze Star Medal and/or the Army Commendation Medal.

8.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Bronze Star Medal and/or Army Commendation Medal orders on file for the applicant.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

10.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Bronze Star Medal and two awards of the Army Commendation Medal.
2.  The applicant’s record is void of any formal recommendations, approval through the chain of command, or orders that show he was awarded the Bronze Star Medal and/or the Army Commendation Medal.  In the absence of the chain of command’s recommendations and/or orders, there is insufficient evidence to award the applicant the requested relief.

3.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal and/or the Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


															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)                                         AR20080016114



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ABCMR Record of Proceedings (cont)                                         AR20080016114



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