IN THE CASE OF:	

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090016589 


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, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal and all other awards he may be entitled to.

2.  The applicant states he was put in for the Bronze Star Medal in November 1967 and it should be shown on his DD Form 214 along with any other awards he may have earned.

3.  The applicant provides no additional documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, Unite States 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 he enlisted in the Regular Army (RA) in pay grade E-1 on 7 September 1965, for 3 years.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 13 February 1966 to 8 February 1967. He was assigned to Company A, 1st Battalion (Mechanized), 5th Infantry.

3.  The applicant was honorably released from active duty in pay grade E-5 on 6 September 1968 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  Expert Marksmanship Qualification Badge with Grenade Launcher (M-79) Bar, Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar, Expert Marksmanship Qualification Badge with Recoilless Rifle (90 mm) Bar, Vietnam Service Medal with three bronze service stars, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.  The Bronze Star Medal is not listed as an authorized award.

5.  The applicant's record shows that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence the applicant was found disqualified for award of the Army Good Conduct Medal.

6.  There are no orders in the applicant's personnel records awarding him the Bronze Star Medal.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal among his authorized awards.

7.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) records of the applicant's units for the timeframe the applicant served in Vietnam was conducted.  This review failed to show that any orders were published awarding the applicant the Bronze Star Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment, his unit was awarded the Valorous Unit Award for service from January to April 1966 based on Department of the Army General Orders (DAGO) Number 2, dated 1967; Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from January 1966 to August 1968, based on DAGO Number 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1966 to 21 January 1970, based on DAGO Number 51, dated 1971.

10.  U.S. Army Republic of Vietnam Regulation Number 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal could be awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  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 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.

12.  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 evidence of record shows the applicant had "excellent" conduct and efficiency ratings throughout his service in the Army.  There is also no evidence of indiscipline during his service.  Therefore, he is entitled to award of the Army Good Conduct Medal (First Award) for the period 7 September 1965 to 6 September 1968 and correction of his records to show this award.

2.  General orders entitled the applicant's unit to award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

3.  The applicant's contention that he was put in for the Bronze Star Medal in November 1967 is acknowledged; however, he has provided no orders showing he was awarded the Bronze Star Medal.  Also, there was no evidence found either in his service personnel record or in the ADCARS data base to support the addition of this award to his DD Form 214.

4.  While the available evidence is insufficient for awarding the applicant the 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.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 the applicant the Army Good Conduct Medal (First Award) for his honorable service from 7 September 1965 to 6 September 1968;

   b.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (First Award), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

   c.  providing him a corrected DD Form 214.

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 correction to his DD Form 214 to show 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)                                         AR20090016589



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090016589



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1