IN THE CASE OF:	

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090010997 


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 that two Army Commendation Medals and any other awards to which he may be entitled based on his service in the Republic of Vietnam, to include the Bronze Star Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation, be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he served in the Republic of Vietnam from 21 July 1966 to 9 December 1969 and he was awarded two Army Commendation Medals while he was in the Republic of Vietnam.  He wants to know if he is eligible for the Bronze Star Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant provides copies of his DD Form 214 with an effective date of 9 December 1969, his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) for a previous correction of his social security number, and two pages of his DA Form 20 (Enlisted Qualification Record) 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 initially enlisted in the Regular Army on 17 November 1965 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was discharged and immediately reenlisted for a period of 3 years on 7 January 1967.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 6 January 1967, does not show awards of the Bronze Star Medal, two Army Commendation Medals, or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Item 26 does show he was awarded or is authorized the Vietnam Service Medal, the Combat Infantryman Badge, and the 2nd Class Badge (now known as the Sharpshooter Marksmanship Qualification Badge) with Machine Gun Bar.

3.  The applicant served in the Republic of Vietnam during the period 21 July 1966 through 6 December 1969 with the following units:

	a.  Company C, 1st Battalion, 12th Infantry, from 21 July 1966 through 13 January 1967;

	b.  68th Assault Helicopter Company from 20 January 1967 through 12 June 1968; and

	c.  71st Aviation Company from 14 June 1968 through 6 December 1969.

4.  Headquarters, Americal Division, General Orders Number 2979, dated 25 April 1969, awarded the applicant the Air Medal with eighteenth oak leaf cluster for meritorious achievement while participating in aerial flight.

5.  Headquarters, Americal Division, General Orders Number 8484, dated 26 August 1969, awarded the applicant the Air Medal with "V" Device for heroism while participating in aerial flight in the Republic of Vietnam on 16 June 1969.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Bronze Star Medal or any Army Commendation Medals.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation is not shown in item 41.
7.  There is no evidence in the applicant's military personnel records jacket (MPRJ) that he was recommended for an award of the Bronze Star Medal or the Army Commendation Medal.  There are no orders in his MPRJ awarding him the Bronze Star Medal or any Army Commendation Medals.

8.  On 9 December 1969, the applicant was released from active duty as an overseas returnee.  He had completed 2 years, 11 months, and 3 days of active service during this enlistment that was characterized as honorable.  He had completed a total of 4 years and 23 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 indicates he was awarded or is authorized the Vietnam Service Medal, the Combat Infantryman Badge, and the Air Medal with eighteenth oak leaf cluster.

9.  There is no evidence the applicant received his first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information.  He received conduct and efficiency ratings of "excellent" throughout his service and his MPRJ does not show any convictions by court-martial.

10.  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 U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Bronze Star Medal or the Army Commendation Medal.

11.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows the following campaigns:  the Vietnam Counteroffensive Phase II Campaign (1 July 1966-31 May 1967), the Vietnam Counteroffensive Phase III Campaign (1 June 1967-29 January 1968), the Tet Counteroffensive Campaign (30 January 1968-1 April 1968), the Vietnam Counteroffensive Phase IV Campaign (2 April 1968-30 June 1968), the Vietnam Counteroffensive Phase V Campaign (1 July 1968-1 November 1968), the Vietnam Counteroffensive Phase VI Campaign (2 November 1968-22 February 1969), the Tet 69 Counteroffensive 1969 Campaign (23 February 1969-8 June 1969), the Vietnam Summer-Fall 1969 Campaign (9June 1969-31 October 1969), and the Vietnam Winter-Spring 1970 Campaign (1 November 1969-30 April 1970).

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  This document shows that during the time of the applicant's assignment to the following units, the unit received the awards as indicated:

	a.  1st Battalion, 12th Infantry - two Valorous Unit Awards for the periods 
11-13 November 1966 based on Department of the Army General Orders (DAGO) 17, dated 1968, and 1 January 1967-5 April 1967 based on DAGO 43, dated 1970; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966-28 July 1969 based on DAGO 3, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966-31 October 1969 based on DAGO 53, dated 1970.

	b.  68th Assault Helicopter Company - the Valorous Unit Award for 19 May 1967 based on DAGO 53, dated 1970; the Meritorious Unit Commendation (Army) for the period 1 January 1967-31 December 1967 based on DAGO 48, dated 1968; and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 1 March 1966-26 March 1967 based on DAGO 22, dated 1968, and 27 March 1967-17 May 1968 based on DAGO 46, dated 1969.

	c.  71st Aviation Company - the Valorous Unit Award for the period 
11-31 August 1969 based on DAGO 43, dated 1972, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969-31 December 1969 based on DAGO 49, dated 1972.

13.  Department of the Army Pamphlet 672-3 states, in pertinent part, that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

14.  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.

15.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal was to be awarded for heroism, meritorious achievement, or meritorious service which does not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

17.  Army Regulation 600-8-22 states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of unit awards.

18.  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.  A silver service star is worn instead of five bronze service stars.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

19.  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 the 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.

20.  The request for an award 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 contends he was awarded two Army Commendation Medals.  He also contends that all awards to which he may be entitled are not listed on his DD Form 214.

2.  There are no orders in the applicant's MPRJ awarding him the Bronze Star Medal.  His MPRJ does not contain any evidence that he was recommended for the award of the Bronze Star Medal.

3.  While the available evidence is insufficient for awarding the applicant a 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.

4.  There are no orders in the applicant's MPRJ awarding him any Army Commendation Medals.  His DA Form 20 does not indicate he was awarded any Army Commendation Medals.  There are no orders listed in ADCARS awarding him the Army Commendation Medal.  Therefore, there is insufficient evidence to add any Army Commendation Medals to his DD Form 214.

5.  The applicant was awarded the Air Medal with eighteenth oak leaf cluster and he was also awarded the Air Medal with "V" Device.  Therefore, it is appropriate to amend his DD Form 214 to show he was awarded the Air Medal with eighteenth oak leaf cluster and "V" Device.

6.  There is no evidence the applicant received an award of the Army Good Conduct Medal for his period of service from 17 July 1965 to 16 July 1968.  There also is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.  During his 3 1/2 years in the Republic of Vietnam he was awarded the Combat Infantryman Badge, the Aircraft Crewman Badge, the Air Medal with eighteenth oak leaf cluster, and the Air Medal with "V" Device.  Therefore, the preponderance of the evidence in this case indicates he should have been awarded the Army Good Conduct Medal upon completion of qualifying service from 17 July 1965 to 16 July 1968.

7.  During the applicant's service in the Republic of Vietnam the units to which he was assigned were awarded four Valorous Unit Awards, one Meritorious Unit Commendation (Army), four awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

8.  The applicant's military personnel records show he participated in nine campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star and four bronze service stars to be worn on his Vietnam Service Medal.

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 period of service from 17 July 1965 to 16 July 1968; and

	b.  amending item 24 of his DD Form 214 for the period ending 9 December 1969 to show he was awarded or is authorized the Air Medal with eighteenth oak leaf cluster and "V" Device, the Army Good Conduct Medal, the Valorous Unit Award with three oak leaf clusters, the Meritorious Unit Commendation (Army), the Vietnam Service Medal with one silver service star and four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (four awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.


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 Bronze Star Medal and two Army Commendation Medals.



      ___________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)                                         AR20090010997



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090010997



8


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1