IN THE CASE OF:	

		BOARD DATE:	 4 February 2010 

		DOCKET NUMBER:  AR20090012484 


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 the award of the Bronze Star Medal and the Army Commendation Medal.  He also requests that he be awarded the Army Good Conduct Medal (first award).

2.  The applicant states that general orders awarded him the Bronze Star Medal and that he was recommended for award of the Army Commendation Medal.

3.  The applicant provides his DD Form 214, orders dated 3 January 1971 which awarded him the Bronze Star Medal, and a DA Form 2496 (Disposition Form) dated 20 March 1971 which recommended him for award of the Army Commendation Medal 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 that he was inducted into the Army of the United States on 21 August 1969.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  He departed for the Republic of Vietnam on
5 March 1970 and he was initially assigned to Battery A, 2nd Battalion (Airmobile), 320th Artillery.  On 3 April 1970, he was reassigned to Battery B of the same battalion.  He returned to the continental United States on 25 March 1971 and he was honorably released from active duty on 27 March 1971.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and two Overseas Service Bars.

4.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 65, dated 3 January 1971, shows he was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force during the period 1 April 1970 to 31 December 1970.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show that he was awarded the Army Commendation Medal.  There are also no general orders in the applicant’s military records which show that he was awarded the Army Commendation Medal.  Additionally, 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 awarding the applicant the Army Commendation Medal.  The applicant provided a DA Form 2496 (Disposition Form) which shows that he was recommended for award of the Army Commendation Medal.

6.  The applicant served 1 year, 7 months, and 7 days of continuous enlisted active duty service from 21 August 1969 to 27 March 1971.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his active duty service.  There is also no derogatory information in his military records that could be a disqualifying factor in awarding him the Army Good Conduct Medal.
7.  During a review of the applicant's military records, it was determined that he is entitled to additional awards and decorations not listed on his DD Form 214.

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 that at the time of the applicant’s assignment to 2nd Battalion, 320th Artillery, the battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 6, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971.

9.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970), Sanctuary Counteroffensive (1 May 1970 - 30 June 1970), and the Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) campaigns.

10.  Army Regulation 600-8-22 also provides, in pertinent part, that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, 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.

12.  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.

13.  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 contends that his DD Form 214 should be corrected to show the award of the Bronze Star Medal and the Army Commendation Medal and that he should be awarded the Army Good Conduct Medal.

2.  General orders awarded the applicant the Bronze Star Medal, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show this award.

3.  The evidence provided by the applicant in the form of a DA Form 2496 showing that he was recommended for award of the Army Commendation Medal was noted.  However, there is no evidence that this recommendation for award was approved.  All awards of personnel decorations, including the Army Commendation Medal, must be announced in official orders to validate those awards.  Regrettably, absent orders which officially awarded him the Army Commendation Medal, there is insufficient basis upon which to correct his military records to show the award of the Army Commendation Medal.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.
4.  The applicant served 1 year, 7 months, and 7 days of continuous enlisted active duty service from 21 August 1969 to 27 March 1971, and all of his conduct and efficiency ratings were "excellent" throughout his active duty service.  There is also no derogatory information in his military records that could be a disqualifying factor in awarding him the Army Good Conduct Medal.  In view of the foregoing, it would be appropriate at this time to award him the Army Good Conduct Medal for the period 21 August 1969 to 27 March 1971 and correct his military records to show the award of the Army Good Conduct Medal.

5.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 2nd Battalion, 320th Artillery while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his military records to show these two unit awards.

6.  The applicant participated in three campaigns during his tour of duty in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already awarded 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.  deleting from item 26 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Good Conduct Medal (first award) for the period
21 August 1969 to 27 March 1971; and

   c.  adding to item 26 of his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (first award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, 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 awarding him the Army Commendation Medal.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ___________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)                                         AR20090012484



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ABCMR Record of Proceedings (cont)                                         AR20090012484



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