IN THE CASE OF:	

		BOARD DATE:	       30 JULY 2009

		DOCKET NUMBER:  AR20090004395 


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, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, and the Bronze Star Medal.  He also requests all awards and decorations to which he may be entitled for his service in Vietnam.

2.  The applicant states that he believes he is eligible for the Air Medal for multiple (at least 50) helicopter assaults in Vietnam, that he had his picture taken by the Stars and Stripes, and that the article was placed in the local paper in the Charleston Courier in 1968.  He contends that his unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and that he was put in for the Presidential Unit Citation and the Bronze Star Medal.   

3.  The applicant provides an excerpt on the Republic of Vietnam Cross of Gallantry with Palm; a copy of a newspaper article; and a copy of his DD Form 214 in support of his 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 was inducted into the Army of the United States on 
11 September 1967.  He arrived in Vietnam on 27 February 1968.  He served as a light weapons infantryman assigned to Company D, 1st Battalion, 5th Cavalry of the 1st Cavalry Division in Vietnam from 5 March 1968 through 4 April 1969.  On 15 April 1969, the applicant was released from active duty in the temporary rank of specialist four after completing 1 year, 7 months, and 4 days of creditable active service with no time lost.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Combat Infantryman Badge, and two Overseas Service Bars as authorized awards.

4.  There are no orders for the Bronze Star Medal in the available records.

5.  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 1st Battalion, 5th Cavalry was not cited for award of the (Army) Presidential Unit Citation while he was assigned to it.

6.  Department of the Army Pamphlet 672-3 shows the 1st Battalion, 5th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during a period of time the applicant was assigned to the unit based on Department of the Army General Orders Number 59, dated 1969.  

7.  Department of the Army Pamphlet 672-3 shows the 1st Battalion, 
5th Cavalry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period of time the applicant was assigned to the unit based on Department of the Army General Orders Number 42, dated 1972.

8.  Department of the Army Pamphlet 672-3 also shows the 1st Battalion, 5th Cavalry was awarded the Navy Presidential Unit Citation for actions during the period 6-8 May 1968 based on Department of the Army General Orders Number 32, dated 1973.

9.  Records show the applicant participated in five campaigns during his assignment in Vietnam.
10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

11.  A DD Form 215, dated 16 October 1996, amended the applicant's DD Form 214 to show the Air Medal.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.  A copy of the DD Form 215 will be sent to the applicant. 

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

13.  Army Regulation 600-8-22 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.  

14.  Army Regulation 672-5-1, in effect at the time, provided 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 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.  
This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

16.  Title 10 of the 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’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Navy Presidential Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

2.  The applicant’s unit was not cited for award of the (Army) Presidential Unit Citation while he was assigned to it.  Therefore, there is insufficient evidence on which to base award of the (Army) Presidential Unit Citation in this case.

3.  There is no evidence of record which shows the applicant was awarded the Bronze Star Medal.  Therefore, there is insufficient evidence on which to base adding the Bronze Star Medal to his DD Form 214.  While the available evidence is insufficient for adding the Bronze Star Medal to the applicant's DD Form 214, 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 10 USC 1130.

4.  The applicant was separated in the temporary rank of specialist four with 19 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 11 September 1967 through 15 April 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

5.  The applicant participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star.  Therefore, his DD Form 214 should be corrected to show this award.




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 him the first award of the Good Conduct Medal for the period 
11 September 1967 through 15 April 1969; and 

	b.  adding the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Navy Presidential Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal on his DD Form 214.   

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 the (Army) Presidential Unit Citation and the Bronze Star Medal. 




      _______ _   __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)                                         AR20090004395



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ABCMR Record of Proceedings (cont)                                         AR20090004395



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