IN THE CASE OF:	  

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090020378 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal and Army Commendation Medal.

2.  The applicant states he believes the two awards were approved after he left Vietnam and they should be added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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 was inducted into the U.S. Army for a period of 24 months on 24 August 1966.  Upon completion of training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was later awarded MOS 64B (Heavy Vehicle Driver) as his primary MOS.

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

   a.  item 31 (Foreign Service) that he served in the Republic of Vietnam (RVN) from 27 February 1967 through 25 February 1968;

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

       (1)  Company C, 2nd Battalion, 2nd Infantry, 1st Infantry Division, from
9 March through 24 September 1967; and

       (2)  Headquarters and Headquarters Company, 2nd Battalion, 2nd Infantry, 1st Infantry Division, from 25 September 1967 through 21 February 1968;

	c.  item 39 (Campaigns) that he served in the RVN during the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns; and

	d.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), 2 Overseas Service Bars, Good Conduct Medal, and Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  Headquarters, 1st Infantry Division, General Orders Number 2355, dated
18 March 1968, awarded the applicant the Army Commendation Medal for meritorious service in the RVN from March 1967 to February 1968.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 23 August 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  At the time he had completed 2 years of net active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), and Good Conduct Medal.

6.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Bronze Star Medal.

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 orders for the Bronze Star Medal pertaining to the applicant.

8.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

9.  United States Army Training Center, Fort Bragg, NC, Special Orders Number 110, dated 11 October 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

10.  Headquarters, 3rd Training Brigade, Fort Jackson, SC, Special Orders Number 213, dated 9 December 1966, paragraph 4, awarded the applicant the Marksman Marksmanship Qualification Badge [formerly known as the 2nd Class Gunner's Badge] with (M-60) Machinegun Bar.

11.  Headquarters, 3rd Training Brigade, Fort Jackson, SC, Special Orders Number 213, dated 9 December 1966, paragraph 8, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar.

12.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.

	a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

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 Company C, 2nd Battalion, 2nd Infantry, his battalion was awarded the:
   a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 53 (1970); and
   
   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 8 (1974).
   
14.  U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation states the Bronze Star Medal may have been awarded for heroism or for 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.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Title 10 of the U.S. Code, section 1130 (10 USC 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.

16.  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 that his records should be corrected to show award of the Bronze Star Medal and Army Commendation Medal because he was awarded the decorations, but they are not recorded on his DD Form 214.

2.  General orders awarded the applicant the Army Commendation Medal for meritorious service in the RVN from March 1967 to February 1968.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

3.  The applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show award of 3 bronze service stars to be affixed on his already-awarded Vietnam Service Medal.

4.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar and Marksman Marksmanship Qualification Badge with (M-60) Machinegun and (M-14) Rifle Bars.  Therefore, it would be appropriate to correct his DD Form 214 to show these badges with the component bars.

5.  General orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show these two foreign unit awards.
  
6.  There is no evidence that the applicant was awarded the Bronze Star Medal or that he was recommended for award of the Bronze Star Medal.  Therefore, there is insufficient evidence to support correction of the applicant's records to show award of the Bronze Star Medal.

7.  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 a claim for the award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

   b.  adding to item 24 of his DD Form 214 the Army Commendation Medal, Vietnam Service Medal with 3 bronze service stars, Sharpshooter Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar, Marksman Marksmanship Qualification Badge with (M-60) Machinegun and (M-14) Rifle Bars, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, 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 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)                                         AR20090020378



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ABCMR Record of Proceedings (cont)                                         AR20090020378



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