BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090021478 


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, reconsideration of his original request for award of the Bronze Star Medal for meritorious service in December 1967.  As a new issue, he also requests award of the Special Forces Tab and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his unit's operations officer states very clearly he should have been awarded a Bronze Star Medal for meritorious service in December 1967.  He also states the Special Forces Tab wasn't approved until 1983 and he didn't know he was authorized it.  He feels the tab was awarded and should be included on his DD Form 214.

3.  The applicant provides copies of his military occupational specialty (MOS) orders, his Special Forces Tab orders, a letter from his unit's operations officer, two statements former service members, and his 2009 Record of Proceedings.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090007432 on 20 October 2009.

2.  In regard to the new issue, 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.

3.  One of the statements from a former service member of his unit was previously considered by the Board.  A second statement was also resubmitted by a former service member for inclusion with this request.  The remaining documents the applicant provided are new evidence that will be considered by the Board.

4.  The applicant enlisted in the Regular Army on 15 June 1966 for 3 years.  He completed training and was awarded MOS 11F (Infantry Operations and Intelligence Specialist).  He served in Vietnam from 29 September 1967 to 20 September 1968.

5.  There are no orders in the applicant's records showing his award of the Bronze Star Medal for meritorious service in December 1967.

6.  The applicant's records contain General Orders Number 1970, dated 15 May 1968, awarding him the Bronze Star Medal with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 28 February 1968.

7.  The applicant was honorably released from active duty in pay grade E-5 on 13 June 1969 at the expiration of his term of service and was transferred to the U.S. Army Reserve Control Group (Reinforcement).

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the following awards:  the National Defense Service, the Vietnam Service Medal, the Air Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the Bronze Star Medal with "V" Device, and the Parachutist Badge.

9.  The applicant apparently had subsequent Reserve Component service.


10.  On 8 April 2005, the applicant was issued a DD Form 215 (Correction to DD Form 214) adding the Purple Heart to his DD Form 214.

11.  On 20 October 2009, the Board recommended the applicant be awarded the Army Good Conduct Medal, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  On 16 December 2009, he was issued a DD Form 215 adding these awards to his DD Form 214.

12.  On 20 October 2009, the Board denied his request for award of the Bronze Star Medal for meritorious service and advised him of his right to submit a request for this award under the provisions of Title 10, U.S. Code, section 1130.  He provided no evidence that he submitted a request for the Bronze Star Medal for meritorious service under section 1130.

13.  The applicant submits a copy of a letter, dated 16 November 2009, wherein the operations officer for the applicant's unit stated the applicant participated in a platoon-size reconnaissance-in-force mission in December 1967 that was ambushed by main force Viet Cong.  His platoon and team leaders were killed instantly.  His platoon sergeant was seriously wounded and medically evacuated, thus precluding the timely submission of corroborating evidence by key leaders for awarding him the Bronze Star Medal for meritorious service.  The applicant's valor under fire and his overall combat performance as the assistant team leader more than warranted award of the Bronze Star Medal for meritorious service.  He can corroborate unequivocally it was their commander's intention to recommend award of the Bronze Star Medal for meritorious service to the applicant.

14.  The applicant also submits a copy of a letter wherein a former service member stated he received a Bronze Star Medal for meritorious service for his service with the 20th Infantry and the applicant had the same experiences.  They served in the same unit and had similar duties and responsibilities.  He states the applicant clearly should be awarded this award and he encouraged him to appeal the previous decision.

15.  A current review of the Awards and Decorations Computer Assisted Retrieval System of the records of the applicant's unit during the time frame he served in Vietnam failed to show orders were published authorizing the applicant award of Bronze Star Medal for meritorious service in 1967.

16.  On 22 March 2010, the U.S. Army John F. Kennedy Special Warfare Center and School issued orders announcing the applicant's entitlement to the Special Forces Tab for service on 3 August 1973 based on his completion of the Special Forces Qualification Course.  [He completed the Special Forces Operations Correspondence Course on 18 July 1973.]

17.  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.

18.  Army Regulation 600-8-22 also provides the Special Forces Tab may be awarded to any person in the Active Army or an active Reserve status who successfully completes the Special Forces Qualification Course or the Special Forces Officer Course.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence contains no orders or other documents confirming the applicant was awarded the Bronze Star Medal for meritorious service in December 1967 while serving in Vietnam.  His records only contain the orders awarding him the Bronze Star Medal with "V" Device in February 1968 and this award is already shown on his DD Form 214.

2.  The available evidence also shows the applicant was authorized to accept and wear the Special Forces Tab based on his completion of the Special Forces Qualification Course on 3 August 1973.  He completed the course after his release from active duty on 13 June 1969.  Therefore, he is not entitled to have this award shown on his DD Form 214.

3.  The applicant's contentions and the evidence submitted in this reconsideration request were carefully considered.  However, he has not satisfactorily shown an error or injustice exists in his record concerning award of Bronze Star Medal for meritorious service in 1967.  It also appears that he has not yet exhausted his remedy under the provisions of Title 10, U.S. Code, section 1130, as mentioned in the original consideration of his case.  Therefore, he is not entitled to a second award of the Bronze Star Medal and its addition to his DD Form 214.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  _____x__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to his request for reconsideration of his earlier request for award of the Bronze Star Medal for service, 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 to amend the decision of the ABCMR set forth in Docket Number AR20090007432, dated 20 October 2009.

2.  In regard to his new request to add the Special Forces Tab to his DD Form 214, the evidence presented does not demonstrate the existence of a probable error of 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. 



      ____________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)                                         AR20090021478



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ABCMR Record of Proceedings (cont)                                         AR20090021478


   
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