BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090007432 


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.  In two applications, the applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Good Conduct Medal.  He also requests that he be awarded the Bronze Star Medal for meritorious service for his period of Vietnam service.
 
2.  The applicant states that the Good Conduct Medal was not entered on his DD Form 214 when he received orders for the award.  He also states he was promised the Bronze Star Medal when he volunteered to serve with an airborne infantry long range patrol unit.  He further states that some assistant team leaders and team leaders received the award and some did not.  He states that his service record was excellent in Vietnam and he was overlooked for the medal.
 
3.  The applicant provides a copy of Good Conduct Medal orders (official statement of award), a DA Form 1577 (Authorization for Issuance of Awards), copies of Bronze Star Medal award orders and certificate for another Soldier, and two letters of support 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 he enlisted in the Regular Army on 15 June 1966.  He was awarded the military occupational specialty of infantry operations and intelligence specialist, and was promoted to pay grade E-5.

3.  The applicant's DA Form 20 (Enlisted Qualification Record), item 31 (Foreign Service), shows he served in Vietnam during the period 29 September 1967 to 20 September 1968.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he was assigned to Company E, (Long Range Patrol (LRP)) 20th Infantry (Airborne), I Field Force, Vietnam (IFFV) performing duties as an assistant patrol leader.

4.  He was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 13 June 1969 after completing 2 years, 11 months, and 29 days of creditable active service with no lost time.

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, Vietnam Service Medal, Air Medal, Combat Infantryman Badge, Vietnam Campaign Medal, Parachutist Badge, Bronze Star with "V" Device, and Purple Heart.

6.  The applicant enlisted in the U.S. Army Reserve on two separate occasions, the first being 16 October 1976 and served a total of approximately four years.

7.  The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Bronze Star Medal for meritorious service by proper authority.

8.  The applicant provided statements by two former service members serving with the unit to which he was assigned while stationed in Vietnam attesting to his involvement in numerous combat patrols.  The applicant provided orders awarding one of those two Soldiers the Bronze Star Medal for meritorious service. 

9.  The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Good Conduct Medal by proper authority.  The applicant's DA Form 20 shows all "excellent" conduct and efficiency ratings, there are no adverse actions recorded in the available records and no disqualification by his chain of command.

10.  The applicant's records show he is entitled to additional awards and decorations which he did not request and are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.  All units in Vietnam were later awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

12.  Army Regulation 672-5-1, 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.

13.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968), Tet Counteroffensive (30 January - 1 April 1968), Vietnam Counteroffensive Phase IV (2 April - 30 June 1968), and Vietnam Counteroffensive Phase V (1 July - 1 November 1968) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  A 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 for award of the Bronze Star Medal for meritorious service.

15.  Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  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 of the U.S. Code, section 1130 (10 USC 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.

17.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant indicates in his request that he was promised the Bronze Star Medal for meritorious service when he volunteered to serve with the long range patrol unit.  There is no evidence of record and the applicant did not provide any evidence that he was awarded or recommended for this award.  Awards are discretionary and without corroborating evidence that a recommendation for the award was lost, it must be presumed that the commander consciously made a decision not to recommend him for the award.  Therefore, there is insufficient basis to award the applicant the Bronze Star Medal or to add this award to his DD Form 214.

2.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal for meritorious service, this in no way affects the applicant’s right to pursue his/her claim for the Bronze Star Medal for meritorious service by submitting a request through his/her Member of Congress under the provisions of 10 USC 1130.

3.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings throughout his tenure of service.  Additionally, there is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (first award) for the period 15 June 1966 through 13 June 1969 and correct his records to show this award.

4.  General orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his DD Form 214.  All units were later awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

5.  The available records show the applicant was awarded the Vietnam Service Medal.  Additionally, evidence shows the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is authorized four bronze service stars to be affixed to his already authorized Vietnam Service Medal and is entitled to have this added to his DD Form 214.

6.  In view of the foregoing, the applicant's records should be corrected as shown below.

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 Army Good Conduct Medal (1st award) for the period 15 June 1966 through 13 June 1969; and

	b.  adding the following awards to the individuals DD Form 214:  the Army Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his already authorized 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 for meritorious service.




      _______ _   __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)                                         AR20090007432



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ABCMR Record of Proceedings (cont)                                         AR20090007432



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