IN THE CASE OF:	  

		BOARD DATE:	  21 January 2010

		DOCKET NUMBER:  AR20090013880 


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 records to show two awards of the Army Commendation Medal and two awards of the Bronze Star Medal.

2.  The applicant states he received two awards of the Army Commendation Medal and two awards of the Bronze Star Medal, but they are not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides, in support of his application, copies of his two
DD Forms 214, four award orders, three award certificates, and three award citations.

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.  A DD Form 214 shows the applicant was inducted into the Army of the United States and entered active duty for a period of 2 years on 19 March 1969, and that he was honorably discharged on 24 March 1969 to enlist in the Regular Army (RA).  At the time he had completed 6 days of net active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the entry "None."

3.  The applicant enlisted in the RA for a period of 3 years on 25 March 1969. Upon completion of training he was awarded military occupational specialty 67N (Helicopter Repairman).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) that he was assigned to the Republic of Vietnam (RVN) from 5 August 1970 through 4 November 1971;

   b.  item 38 (Record of Assignments) that he was assigned to:

       (1)  Headquarters and Headquarters Battery, 2nd Battalion, 20th Artillery, 1st Cavalry Division (Airmobile) (RVN), from 14 August through 20 August 1970;

       (2)  80th Transportation Detachment, 1st Cavalry Division (Airmobile) (RVN), from 21 August 1970 through 31 March 1971;

       (3)  Battery C, 2nd Battalion, 20th Artillery, 3rd Brigade (Separate),
1st Cavalry Division (Airmobile) (RVN), from 1 April through 29 June 1971; and

	    (4)  Battery F (Aerial Rocket Artillery), 79th Artillery, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) (RVN), from 30 June through
3 November 1971;

   c.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Overseas Service Bar, Aircraft Crewmember Badge, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

5.  The applicant's military personnel records do not contain any orders or other evidence that shows he was awarded the Army Commendation Medal.  His records also do not contain any orders showing award of the Bronze Star Medal.

6.  A DA Form 137 (Installation Clearance Record), dated 30 October 1971, shows the applicant's commanding officer rated the applicant's conduct and efficiency as "excellent."  The commander also confirmed that the applicant had been recommended for the Bronze Star Medal for meritorious service; however, the award had not been presented.

7.  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 award orders pertaining to the applicant.

8.  A DD Form 214 shows the applicant entered active duty this period on
25 March 1969, he was honorably released from active duty on 4 November 1971, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  At the time he had completed
2 years and 7 months of net active service this period; 6 days of other service;
2 years, 7 months, and 6 days of total active service; and 1 year and 3 months of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Aircraft Crewmember Badge.

9.  In support of his application, the applicant provides copies of the following documents.

   a.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 2129, dated 3 November 1971; DA Form 4980-14 (The Army Commendation Medal Certificate), dated 3 November 1971; and The Army Commendation Medal Citation.  These documents show the applicant was awarded the Army Commendation Medal for meritorious achievement in the RVN from 29 September to 1 October 1971.

   b.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 59, dated 18 January 1972; The Army Commendation Medal Certificate, dated 18 January 1972; and The Army Commendation Medal Citation.  These documents show the applicant was awarded the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement in the RVN from 1 September to 16 September 1971.
   
   c.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 2185, dated 7 November 1971; Headquarters,
3rd Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 2475, dated 11 December 1971; DA Form 4980-5 (The Bronze Star Medal Certificate), dated 11 December 1971; and The Bronze Star Medal Citation.  These documents show the applicant was awarded the Bronze Star Medal for meritorious service in the RVN from March to September 1971.

10.  A review of the applicant's military personnel records shows he may be authorized additional awards that are not shown on his (1971) DD Form 214.

11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his entire period of military service and there is no evidence that the applicant's commander denied him award of the Army Good Conduct Medal.

12.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 104, dated 2 May 1969, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

13.  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 Battery F (Aerial Rocket Artillery), 79th Artillery (RVN), the regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 54 (1974).

14.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

     a.  Paragraph 1-14 (Time limitation) of the Military Awards regulation provides that, except for the provisions of Title 10, U.S. Code, section 1130, each recommendation for an award or decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  Submission into military channels is defined as "signed by the initiating official and endorsed by a higher official in the chain of command."  However, pursuant to Title 10, U.S. Code, section 1130, a Member of Congress can request consideration of a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy.  Based upon such review, the Secretary of the Army will make a determination as to the merits of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting under Title 10, U.S. Code, section 1130.


     b.  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.

	c.  Paragraph 1-19 (Duplication of awards) provides that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service [emphasis added].

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show two awards of the Army Commendation Medal and two awards of the Bronze Star Medal because he received orders for the awards.

2.  General orders awarded the applicant the Army Commendation Medal for meritorious achievement in the RVN from 29 September to 1 October 1971.  In addition, general orders awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement in the RVN from 1 September to 16 September 1971.  Therefore, it would be appropriate to show two awards of the Army Commendation Medal on his (4 November 1971) DD Form 214.

3.  Two separate general orders awarded the applicant the Bronze Star Medal for meritorious service in the RVN from March to September 1971.  The applicant's Bronze Star Medal Certificate and Citation show he was awarded the Bronze Star Medal for meritorious service in the RVN from March to September 1971. 

   a.  Regulatory guidance is only one decoration will be awarded to an individual for the same period of meritorious service.

   b.  It appears that one of the two general orders was erroneously issued announcing the award and that the applicant was actually awarded one Bronze Star Medal.  Therefore, it would be appropriate to correct his records to show one award of the Bronze Star Medal on his (4 November 1971) DD Form 214.

   c.  In view of the foregoing, there is insufficient evidence to support the applicant's claim to a second award of the Bronze Star Medal.  Therefore, there is no basis for granting this portion of the applicant's request.

   d.  While the available evidence is insufficient for awarding the applicant a second Bronze Star Medal, this in no way affects the applicant's right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  The applicant served a qualifying period of active duty service from 19 March 1969 to 4 November 1971 for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to approve this award and show it on his
(4 November 1971) DD Form 214.

5.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to show the badge on his (4 November 1971) DD Form 214.

6.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his
(4 November 1971) DD Form 214 to show this foreign unit 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 Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 19 March 1969 to 4 November 1971; and

   b.  adding to item 24 of his (4 November 1971) DD Form 214 the Bronze Star Medal, Army Commendation Medal (2nd Award), Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Republic of Vietnam Gallantry Cross with Palm 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 a second award of the Bronze Star Medal.  



      _______ _   _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)                                         AR20090013880



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ABCMR Record of Proceedings (cont)                                         AR20090013880



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