IN THE CASE OF:	  

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090018118 


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 (Report of Transfer or Discharge) to show the Combat Medical Badge and the Silver Star.

2.  The applicant states:

* he believes he had orders for the Silver Star but he cannot find them
* all of his records were burned by his ex-wife
* he does not want any awards that he did not earn
* he was a professional Soldier  

3.  The applicant provides:

* letter, dated 20 July 2006, from the National Personnel Records Center in St. Louis, Missouri
* orders for the Combat Medical Badge
* DD Forms 214 for the periods ending 1 September 1970 and 31 May 1971 

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 enlisted in the Regular Army on 7 March 1951.  He remained on active duty through continuous reenlistments. He served as a medical specialist in Korea from 24 July 1951 to 31 May 1952.  He served as a medical specialist assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 27th Infantry of the 25th Infantry Division in Vietnam from 27 April 1968 to 
26 April 1969.  He served as a medical specialist assigned to HHC, 3rd Battalion, 21st Infantry of the 196th Infantry Brigade in Vietnam 19 May 1970 to 18 May 1971.  On 31 May 1971, he retired in the rank of sergeant first class.  

3.  The applicant's DD Form 214 for the period ending 1 September 1970 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal with "V" Device, Bronze Star Medal with "V" Device, and the Good Conduct Medal (3rd award) as authorized awards.

4.  The applicant's DD Form 214 for the period ending 31 May 1971 shows the Vietnam Service Medal and one award of the Overseas Service Bar as authorized awards.

5.  Headquarters, 25th Infantry Division Special Orders Number 315, dated 
10 November 1968, show the applicant was awarded the second award of the Combat Medical Badge.

6.  There are no orders for the Silver Star in the available records. 

7.  Headquarters, 25th Infantry Division General Orders Number 2440, dated 
1 March 1969, show the applicant received the Bronze Star Medal for meritorious service during the period April 1968 to April 1969. 

8.  Headquarters, 25th Infantry Division General Orders Number 6067, dated 
27 April 1969, show the applicant received the Bronze Star Medal with "V" Device for heroism on 5 April 1969 in Vietnam. 

9.  Headquarters, Americal Division General Orders Number 10660, dated 
14 August 1970, show the applicant received the Bronze Star Medal for meritorious achievement during the period 1 April 1970 to 31 July 1970. 
10.  Headquarters, 23d Infantry Division General Orders Number 04428, dated 19 April 1971, show the applicant received the Bronze Star Medal for meritorious service for the period May 1970 to April 1971. 

11.  Records show the applicant participated in six campaigns during his assignments in Vietnam.

12.  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 the 2nd Battalion, 27th Infantry was awarded the Valorous Unit Award for actions on 15 June 1968 based on Department of the Army General Orders (DAGO) Number 36, dated 1970.

13.  Department of the Army Pamphlet 672-3 shows the 2nd Battalion, 27th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 based on DAGO Number 48, dated 1971.  This unit was awarded a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 based on DAGO Number 5, dated 1973.

14.  Department of the Army Pamphlet 672-3 shows the 3rd Battalion, 21st Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March 1970 to 30 June 1970 based on DAGO Number 42, dated 1972.  This unit was awarded a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 to 9 October 1971 based on DAGO Number 6, dated 1974.

15.  Department of the Army Pamphlet 672-3 shows HHC, 21st Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April 1971 to 30 June 1971 based on DAGO Number 6, dated 1974.

16.  Paragraph 6 (Miscellaneous Information) of DA Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

17.  Department of the Army Pamphlet 672-3 also shows the 2nd Battalion, 27th Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 51, dated 1971.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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.  A DA Form 638 (Recommendation for Award) must be submitted (a copy of which will be provided to the applicant).  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 request 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 burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

21.  Army Regulation 600-8-22 states an Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

22.  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 and states that authorized bronze service stars will be worn on the appropriate service medal.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

23.  Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  (1) while on permanent assignment, (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days, or (3) while as crew members of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the second award of the Combat Medical Badge.  Therefore, his DD Form 214 for the period ending 31 May 1971 should be corrected to show this badge.   

2.  There are no orders for the Silver Star in the available records.  Therefore, there is insufficient evidence on which to base award of the Silver Star in this case.  While the available evidence is insufficient for awarding the applicant the Silver Star, this in no way affects the applicant’s right to pursue his claim for award of the Silver Star by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  The applicant's DD Form 214 for the period ending 1 September 1970 shows the Bronze Star Medal with "V" Device.  However, orders show he received three additional awards of the Bronze Star Medal.  Therefore, his DD Form 214 for the period ending 31 May 1971 should be corrected to show the Bronze Star Medal with "V" Device (Third Oak Leaf Cluster).  

4.  The applicant participated in six campaigns during his assignments in Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star to be worn on his already-awarded Vietnam Service Medal.  

5.  The applicant's unit (2nd Battalion, 27th Infantry) was awarded the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 31 May 1971 should be corrected to show these unit citations.

6.  The applicant's units were cited for five awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, he is eligible to wear one of those awards.  However, his DD Form 214 for the period ending 31 May 1971 should be corrected to show five awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
7.  The applicant served a period of qualifying service for the ROKWSM.  Therefore, his DD Form 214 for the period ending 31 May 1971 should be corrected to show this 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 adding the Combat Medical Badge (2nd award), Bronze Star Medal with "V" Device (Third Oak Leaf Cluster), Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, five awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, ROKWSM, and one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal on his DD Form 214 for the period ending 31 May 1971.  

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 award of the Silver Star.  



      _______ _   _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)                                         AR20090018118



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ABCMR Record of Proceedings (cont)                                         AR20090018118



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