IN THE CASE OF:	  

		BOARD DATE:	        07 APRIL 2009

		DOCKET NUMBER:  AR20090000844 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Bronze Star Medal and any other awards and decorations that he is entitled to and to show that he completed airborne training. 

2.  The applicant states that not everything is included on his DD Form 214.

3.  The applicant provides his DD Form 214 in support of this application. 

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's military records show that he enlisted in the Regular Army on 30 August 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MSO) 05B (Radio Operator).  After completing airborne training, he served in Germany from 16 April 1967 to 23 May 1968.  He departed for the Republic of Vietnam on 11 July 1968, and was assigned to the Special Operations Augmentation (Command and Control), 5th Special Forces Group, 1st Special Forces.  He returned to the continental United States on or about 10 July 1969, and was honorably released from active duty on that date and subsequently transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 that he was issued at the time of his release from active duty shows in item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Parachutist Badge, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant's military records do not show that he was awarded the Bronze Star Medal and there are no orders in his military records which awarded him the Bronze Star Medal.  Additionally, review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Bronze Star Medal.  

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  The applicant served 2 years, 10 months, and 11 days of continuous enlisted active duty service from 30 August 1966 to 10 July 1969, but his military records do not show that he was awarded the Army Good Conduct Medal.  His conduct and efficiency ratings were rated as "excellent" for the entire period of qualifying service and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Army Good Conduct Medal.

6.  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 that at the time of the applicant’s assignment to the 5th Special Forces Group, 1st Special Forces, the unit was cited for award of:

	a.  the Meritorious Unit Commendation by Department of the Army General Orders Number 70, dated 1969;

	b.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Department of the Army General Orders Number 59, dated 1969; and

	c.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation by Department of the Army General Orders Number 48, dated 1971.

7.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the 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); and the Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969) campaigns.

8.  Item 25 (Education and Training Completed) of the applicant's DD Form 214 does not show that he completed airborne training; however, records show he completed a 3-week airborne training course in 1967 at the U.S. Army Infantry School (USAIS), Fort Benning, Georgia.  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself or herself after 6 December 1941 by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

10.  Army Regulation 672-5-1 (Awards), in effect at the time of the applicant’s active duty service, provided the policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying. 

11.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in 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.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed guidance on the preparation of the DD Form 214.  For item 25, it provided that service schools, including major courses which were successfully completed and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 would be entered.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the award of the Bronze Star Medal and any other awards and decorations that he is entitled to, and that he completed airborne training. 

2.  While the sincerity of the applicant's claim to entitlement to award of the Bronze Star Medal is not in question, all awards of the Bronze Star Medal must be announced in official orders, which the applicant did not provide, and are not in his military records.  Regrettably, absent orders which officially awarded him this medal, there is insufficient basis upon which to correct his military records to show the award of the Bronze Star Medal.  However, while the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.


3.  The applicant served 2 years, 10 months, and 11 days of continuous enlisted active duty service from 30 August 1966 to 10 July 1969, and his conduct and efficiency ratings were rated as "excellent" for the entire period of his qualifying service.  There is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal for the period 30 August 1966 to 
10 July 1969, and correct his military records to show this award.

4.  General orders awarded the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 5th Special Forces Group, 1st Special Forces while the applicant was assigned to this unit.  Therefore, he is entitled to wear the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.

5.  The applicant participated in four campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show four bronze service stars to be affixed to his Vietnam Service Medal.

6.  The applicant completed a 3-week airborne training course in 1967, but it is not listed in item 25 of his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show his completion of the airborne training course.

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.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;
   
   b.  awarding him the Army Good Conduct Medal for the period 30 August 1966 to 10 July 1969;
   
   c.  adding to item 24 of the applicant's DD Form 214 the Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and
   
d.  adding to item 25 of the applicant's DD Form 214 the entry "USAIS - 
Fort Benning GA - 3 Weeks - Airborne."
 
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 showing the award of the Bronze Star Medal.  

3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ________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)                                         AR20090000844



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ABCMR Record of Proceedings (cont)                                         AR20090000844



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