IN THE CASE OF:	  

		BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090010270 


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 Bronze Star Medal (BSM) and Army Commendation Medal (ARCOM).

2.  The applicant states, in effect, that his BSM and ARCOM should be added to his DD Form 214.  He also states he received a second BSM at Fort Bragg, North Carolina, and he requests information on how to obtain a copy of his military records.

3.  The applicant provides a copy of his DD Form 214, BSM orders, and ARCOM order 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's military record shows he enlisted in the Regular Army and entered active duty on 11 April 1967.  He completed basic combat training and advanced individual training at Fort Leonard Wood, Missouri.  Upon completion of his training, he was awarded military occupational specialty 62A (Engineer Equipment Repairer).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) confirms he served in the Republic of Vietnam (RVN) from 20  November 1967 to 17 November 1968.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Headquarters and Headquarters Company, 326th Engineer Battalion.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 also shows he received "excellent" conduct and efficiency ratings at each of his active duty assignments.  Item 41 (Award and Decorations) shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Parachutist Badge, Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM) with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's official military personnel file (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

6.  The applicant's OMPF contains Headquarters, 101st Airborne Division, General Orders (GO) Number 5479, dated 6 September 1968, which awarded the applicant the ARCOM for meritorious achievement during the period 1 March 1968 to 31 July 1968.  It also contains Headquarters, 101st Airborne Division, GO Number 7940, dated 22 October 1968, which awarded him the BSM for meritorious achievement in connection with military operations against a hostile force in the RVN from 1 January 1968 to 31 August 1968.

7.  The applicant's OMPF is void of orders or documents recommending or authorizing a second award of the BSM.

8.  On 10 April 1970, the applicant was honorably released from active duty (REFRAD) in the rank of specialist five after completing a total of 3 years of creditable active military service.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant upon his REFRAD shows he earned the NDSM, Parachutist Badge, VSM, and RVNCM with Device (1960) during his active duty tenure.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on award of the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  A silver service star is used to denote five bronze service stars.

11.  Table B-1 of Army Regulation 600-8-22 contains a list of campaigns authorized with the VSM.  It shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968), Tet Counteroffensive (30 January 1968-1 April 1968), Vietnam Counteroffensive Phase IV (1 April 1968-30 June 1968), Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968), and Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969).

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

13.  Title 10, U.S. Code, section 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.

14.  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's contention that his DD Form 214 should be corrected to add the ARCOM and BSM was carefully considered and found to have merit.  The applicant's record contains GO's that confirm he was awarded the ARCOM and the first award of the BSM for meritorious achievement while serving in the RVN.  Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time.

2.  The applicant's record confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  In addition, his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 11 April 1967 to 10 April 1970 and to add this award to his record and DD Form 214 at this time.

3.  The evidence of record also shows that based on his service and campaign participation in the RVN, the applicant is authorized the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and one silver service star with his VSM.  His record also shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to add these awards to his record and DD Form 214 at this time.

4.  The evidence of record and independent evidence submitted by the applicant fails to show he was ever recommended for or awarded a second BSM during his active duty tenure.  Therefore, there is an insufficient evidentiary basis to grant this portion of the requested relief.

5.  However, while there is insufficient documentation and evidence for the Board to correct the applicant's record and DD Form 214 by adding a second or subsequent award of the BSM, this in no way affects the applicant's right to pursue his claim for this award by submitting a request with an award recommendation and supporting evidence through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

6.  The applicant is advised that the National Personnel Records Center is the custodian of his military records.  A Standard Form 180 (Request Pertaining Military Record) which he can use to request his records is enclosed with this Record of Proceedings.  Instructions for completing the form and where to send it are included with the form.  However, the fastest way to obtain a copy of his military record is to apply on line at http://www.archives.gov/veterans/services.

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 for his qualifying period of honorable active duty service from 11 April 1967 to 10 April 1968;

	b.  amending item 24 of his DD Form 214 by adding the Bronze Star Medal, Army Commendation Medal, Army Good Conduct Medal, one silver service star with the Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic Vietnam Civil Actions Honor Medal First Class Unit Citation, and Sharpshooter Marksmanship Qualification Badge Rifle Bar; and

	c.  issuing him a correction to his DD Form 214 that reflects the above changes.


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 adding a second or subsequent Bronze Star Medal to his record and DD Form 214.



      ___________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)                                         AR20090010270



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ABCMR Record of Proceedings (cont)                                         AR20090010270



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