DOCKET NUMBER:  AR20090002679 


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 awards of the Presidential Unit Citation, the Republic of Vietnam Gallantry with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Citation, the Bronze Star Medal, the Combat Action Ribbon, the Distinguished Unit Citation, and the Cold War Certificate.

2.  The applicant states that he was hospitalized at the time his unit was awarded the above medals.

3.  The applicant provides a copy of his DD Form 214, dated 12 December 1968, 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 Cold War Recognition Certificate was created to recognize "members of the Armed Forces and civilian personnel of the Government who served the United States during the Cold War."  All eligible personnel must apply for the certificate on their own behalf.  The Cold War Recognition System home-page announces the program and provides instructions for individual requests and may be reviewed at https://www.hrc.army.mil/site/active/TAGD/coldwar  Eligible personnel may also send their request by regular mail to Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN:  HRC-CWRS, Room 3N45, 200 Stovall Street, Alexandria, VA  22332-0473.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official US military decorations, medals, ribbons, and similar devices.  The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  Therefore, the Cold War Certificate will not be discussed further in the Record of Proceedings.

3.  The applicant's records show he enlisted in the Regular Army for a period of 3 years on 20 March 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 67N (Helicopter Mechanic).  He was honorably discharged on 12 December 1968 and placed on the temporary disability retired list in the rank/grade of private first class/E-3 by reason of physical disability.

4.  The applicant’s records show he served in the Republic of Vietnam from on or about 10 October 1967 to on or about 7 February 1968.  He was assigned to the 195th Attack Helicopter Company.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Purple Heart, the Air Medal (1st through 4th oak leaf cluster), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's records do not contain general orders showing he was awarded the Bronze Star Medal.

7.  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 U.S. 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 orders on file for the applicant.

8.  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 195th Attack Helicopter Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 22 February 1967 to 17 May 1968 based on the Department of the Army General Orders Number 21, dated 1969.

9.  There is no indication in the applicant’s records that he was assigned to and/or served with a unit that was awarded the Presidential Unit Citation (originally called the Distinguished Unit Citation) or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

10.  There is no indication in the applicant’s records that he served with a U.S. Navy unit and/or was awarded the Combat Action Ribbon which is a personal military decoration of the U.S. Navy and the U.S. Marine Corps and is awarded to those who, in any grade including and below that of a captain in the Navy (or colonel in the Marine Corps), have actively participated in ground or surface combat.

11.  A review of the applicant’s records show his entitlement to additional awards which are not shown on his records.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968) and the TET Counteroffensive (30 January 1968 to 1 April 1968) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  A review of the applicant's service record shows he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for disobeying a lawful order on or about 29 December 1967.  His punishment consisted of a forfeiture of $100.00 pay for 1 month.  Item 38 (Record of Assignment) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

15.  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.

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show various individual and/or unit awards.

2.  General orders awarded the applicant’s unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The evidence of record confirms that the applicant served honorably during the period 20 March 1967 through 12 December 1968.  He served in the Republic of Vietnam, was awarded the Purple Heart, and received "excellent" conduct and efficiency ratings throughout his military service.  Although he received one Article 15, it appears that this minor derogatory information would not have disqualified him for the first award of the Army Good Conduct Medal.  Lacking any major derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  With respect to the Bronze Star Medal, there is no evidence in the applicant’s records and he did not provide any evidence that he was recommended for and/or was awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to award the applicant the Bronze Star Medal.

6.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects the applicant’s 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.

7.  With respect to the Presidential Unit Citation and/or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, there is no evidence that the applicant’s unit of assignment in the Republic of Vietnam was awarded these awards during his tenure with this unit or that he was assigned to and/or served with a unit that was awarded the Presidential Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, there is insufficient evidence to grant him the requested relief with respect to this issue.

8.  With respect to the Combat Action Ribbon, there is no evidence in the applicant’s records and the applicant did not provide any evidence that shows he served with a U.S. Navy unit and/or was awarded the Combat Action Ribbon. Therefore, there is insufficient evidence to grant him the requested relief with respect to this issue.


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.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 20 March 1967 through 12 December 1968; and

	b.  adding award of the Army Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars be affixed to his already-awarded Vietnam Service Medal.

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 of the Bronze Star Medal, the Presidential Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and/or the Combat Action Ribbon.



      ____________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)                                         AR20090002679



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ABCMR Record of Proceedings (cont)                                         AR20090002679



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