IN THE CASE OF:	  

		BOARD DATE:	 1 April 2010 

		DOCKET NUMBER:  AR20090016231 


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 award of the Bronze Star Medal, the Army Commendation Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Valorous Unit Award, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states he has been unable to obtain all of his medals because they are not listed on his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides copies of a DA Form 1577 (Authorization for Issuance of Awards), his DD Form 214 with an effective date of 7 September 1973, and two pages of his DA Form 20 (Enlisted Qualification Record).

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 personnel records show he initially enlisted in the Regular Army on 29 July 1968 for a period of 3 years.

3.  Headquarters, U.S. Army Training Center Infantry and Fort Polk, Fort Polk, LA, Special Orders Number 232, dated 13 September 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant was assigned in the Republic of Vietnam from 6 July 1970 to 5 July 1971.  He was assigned to the 229th Aviation Battalion, 1st Calvary Division (Airmobile), on 17 July 1970.

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 1405, dated 20 January 1971, awarded the applicant the Army Commendation Medal for meritorious achievement in connection with ground operations against a hostile enemy force in the Republic of Vietnam from 21 October 1970 to 4 November 1970.

6.  On 2 July 1971, the applicant was released from active duty.  He had completed 2 years, 11 months, and 4 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).

7.  There is no evidence in the applicant's military personnel records of a recommendation for or orders awarding the Bronze Star Medal.

8.  There is no evidence the applicant received the 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 and he received conduct and efficiency ratings of "excellent" throughout his service.

9.  On 7 December 1972, the applicant again enlisted in the Regular Army for a period of 4 years.  He was discharged on 7 September 1973 for the good of the service.  He had completed 6 months and 18 days of active service that was characterized as under honorable conditions.  He had 75 days of lost time.

10.  Item 24 of his DD Form 214 contains the entry "None."

11.  The DA Form 1577, dated 11 April 2000, submitted by the applicant has a check by the paragraph indicating the applicant was entitled to the Bronze Star Medal based on the award of the Combat Infantryman Badge or Combat Medical Badge.  However, the original DA Form 1577 in his military service record, dated 11 April 2000, does not have a check by this paragraph.

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 the 229th Aviation Battalion received the following four unit awards:

	a.  the Presidential Unit Citation for the period 23 October 1965-26 November 1965,

	b.  the Valorous Unit Award for the period 1 May 1970-29 June 1970,

	c.  the Meritorious Unit Commendation (Army) for the period September 1965-November 1966, and

	d.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969-1 February 1970.

13.  Department of the Army Pamphlet 672-3 also shows the 229th Aviation Battalion received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965-June 1972.

14.  Army Regulation 670-1 prescribes the authorization for wear of uniforms  and prescribes the awards, insignia and accouterments authorized for wear on the uniform.  It states a Soldier may wear a unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited.  A Soldier may wear the unit award temporarily if the individual was not present with the unit during the period cited but was subsequently assigned to the unit.  


15.  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 each 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

16.  Army Regulation 600-8-22 (Military Awards) provides 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The Bronze Star Medal was awarded to individuals who were authorized either the Combat Infantryman Badge or the Combat Medical Badge for service during World War II.

17.  Army Regulation 600-8-22 provides for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

18.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it stated that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered in item 24.

19.  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 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, 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 is entitled to the Bronze Star Medal, the Army Commendation Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Valorous Unit Award, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Campaign Medal with Device (1960).

2.  The original DA Form 1577 in the applicant's military service records does not show the block showing the Bronze Star Medal checked.  In addition, this provision only applied to Soldiers who received the Combat Infantryman Badge for their service during World War II.  There is no evidence in his military service record recommending him for the Bronze Star Medal and no orders awarding 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.  Orders show the applicant was awarded the Army Commendation Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  In the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 29 July 1968 to 2 July 1971 ending with termination of a period of Federal military service.

6.  The applicant was not assigned to the 229th Aviation Battalion during the periods the unit was awarded the Presidential Unit Citation, the Meritorious Unit Commendation, the Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is not authorized these awards.

7.  The applicant was assigned to the 229th Aviation Battalion during the period the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is authorized this award.

8.  Based on his service in the Republic of Vietnam, he is authorized the Republic of Vietnam Campaign Medal with Device (1960).

9.  Item 24 of the applicant's DD Form 214 with an effective date of 17 September 1973 should contain all of the awards he was awarded or is authorized for all of his periods of service.  Therefore, all of his awards from his previous enlistment should also be included on this DD Form 214.

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 based on completion of qualifying service from 29 July 1968 to 2 July 1971;

	b.  amending item 24 of his DD Form 214 with an effective date of 2 July 1971 to include the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar; and

	c.  amending item 24 of his DD Form 214 with an effective date of 7 September 1973 to show he was awarded or authorized the Army Commendation Medal, the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

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, the Presidential Unit Citation, the Meritorious Unit Commendation, the Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      ___________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)                                         AR20090016231



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ABCMR Record of Proceedings (cont)                                         AR20090016231



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