IN THE CASE OF:	  

		BOARD DATE:	  8 July 10

		DOCKET NUMBER:  AR20090019578 


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 inclusion of the Bronze Star Medal and Drill Sergeant Badge on his discharge documents.

2.  The applicant states the following:

	a.  he has been retired from the military for over 37 years and would like to display all his decorations, awards, and badges in a display case.  He contacted the National Personnel Records Center (NPRC), St. Louis, MO for replacement medals and he was provided a letter showing he was authorized shipment of the following awards:

* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal 5th Award 
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Combat Infantryman Badge 
* Republic of Vietnam Campaign Ribbon with 1960 Device
* Expert Marksmanship Qualification Badge with Rifle Bar
* Korea Defense Service Medal

	b.  in addition, the NPRC provided him information on the Republic of Vietnam Gallantry Cross with Palm Unit Citation;  

   c.  he was wounded in the Republic of Vietnam after the start of the TET offensive campaign and received the Purple Heart and Bronze Star Medal while he was in the hospital.  He is not concerned with the specific medals, but with citations that accompanied these medals.  Due to his wounds he was evacuated without the medals and citations; 

	d.  upon retirement he learned no record existed for the Bronze Star Medal.  He was not concerned at the time because his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), item 30, shows "Separated on temporary records and soldier's affidavit."  He understood this statement to mean that not all information in his records was included on his DD Form 214; 

	e.  he has no proof to show he was awarded the Bronze Star Medal and asks the Board for compassion especially since it was chaotic during wartime operations;

	f.  he graduated from drill sergeant school and has the drill sergeant hat but not the badge.  He was assigned as an instructor and operations sergeant at Fort Jackson, SC.  He then served as a Reserve Officers' Training Corps (ROTC) instructor at the Citadel in Charleston, SC;  

	g.  he had no reason to believe the absence of the Bronze Star Medal on his DD Form 214 was a reflection of the concurrent absence in his permanent records.

3.  The applicant provides a copy of his DD Form 214 with a separation date of 29 July 1966 and a letter from NPRC, dated 29 October 2009.

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 3 December 1954 for a 3 year period.  He completed the training requirements and was awarded military occupational specialty 11F (Infantry Operations and Intelligence Specialist).  He served honorably and was discharged for the purpose of immediate reenlistment on three separate dates.

3.  The applicant's initial DD Form 214 issued on 29 July 1957 is not available for review.  

4.  The applicant's DD Form 214, issued on 29 July 1963, item 26 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows: 

* Expert Marksmanship Qualification Badge with Rifle Bar 
* Army Good Conduct Medal 2nd Award 
* Letter of Appreciation

5.  The applicant's DD Form 214, issued on 29 July 1966, item 26, shows:

* Army Good Conduct Medal 3rd Award 
* National Defense Service Medal

6.  Item 28 (Service Schools or Colleges, College Training Courses and/or Post Graduate Courses Successfully Completed) shows he completed a 5-week Drill Sergeant School at Fort Jackson, SC in August 1965.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the following assignments:

	a.  10 May 1965 to 10 December 1966//Assistant Training Noncommissioned Officer (NCO)//Headquarters and Headquarters Company (HHC), 1st Training Brigade, Fort Jackson, SC;

	b.  11 December 1966 to 23 July 1967//Instructor//U.S. Army Instructor Group, Fort McPherson, GA.

8.  The applicant's records show he received "excellent" conduct and efficiency ratings during his assignments as a training NCO and instructor.  

9.  While assigned to the Republic of Vietnam, the applicant served with HHC, 199th Infantry Brigade during the period 9 October 1967 to 7 February 1968.  He was wounded in action on 3 February 1968 and medically evacuated.  

10.  On 17 November 1972, the applicant was honorably retired due to permanent disability.  Records show he completed 17 years, 11 months, and 
15 days of total active service.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the following awards and decorations:

* Vietnam Service Medal
* Purple Heart 
* Army Good Conduct Medal 5th Award
* Republic of Vietnam Campaign Medal with 1960 Device
* Combat Infantryman Badge 
* Army Commendation Medal
* 1 Overseas Service Bar

11.  There are no orders in the applicant's Official Military Personnel File (OMPF) awarding him the Bronze Star Medal or authorizing wear of the Drill Sergeant Identification Badge.

12.  A 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 Bronze Star Medal.

13.  References:

	a.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been 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.  
	
	b.  Army Regulation 672-5-1 (Awards) in effect at the time provided for temporary wear of the Drill Sergeant Identification Badge for successful completion of Drill Sergeant School.  Permanent wear of the Drill Sergeant Identification Badge was awarded after satisfactorily completing 6 months of duty as a drill sergeant in a training command or instructor at the Drill Sergeant School.  Special Orders announced authorization of this badge.  The badge may be revoked if the recipient is removed from the position of Drill Sergeant for cause, regardless of the amount of time the individual has served in the position in a satisfactory manner.  

DISCUSSION AND CONCLUSIONS:

Based on the absence of evidence to include the absence of permanent orders announcing award of the Bronze Star Medal and the Drill Sergeant Identification Badge, there is insufficient evidence upon which to grant the applicant's request to correct his record to show these two awards.  His records do not show he served as a drill sergeant or as an instructor at the Drill Sergeant School.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20090019578



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090019578



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1