IN THE CASE OF:	  

		BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20090021534 


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 records to show any medals, badges, or citations that he is entitled to for his service.

2.  The applicant states he served two tours of duty in the Republic of Vietnam and was twice medically evacuated out of the country.  During the evacuation, he did not have his personnel records and states his records never caught up to him.  Therefore, he'd like all his awards and medals for his service.

3.  The applicant provides the following supporting evidence:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 8 January 1971;

	b.  DA Form 638 (Recommendation for Award) showing he was recommended for the Army Commendation Medal by the commander of the 551st Medical Company (Ambulance), Fort Lewis, WA, for service from 30 July 1970 to 10 January 1971; and

	c.  General Order Number 1 issued by Headquarters, 62nd Medical Group, Fort Lewis, WA, on 7 January 1971 announcing award of the Army Good Conduct Medal.



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 for a 3-year period on 18 March 1968.  He completed basic and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist).

3.  The applicant served two tours of duty in the Republic of Vietnam in four different units as follows:

	a.  from 14 October to 6 December 1968 and from 21 December 1968 to 21 February 1969 with the 37th Medical Company;

	b.  from 7 December 1968 to 20 December 1968 with Headquarters Troop, 1st Squadron, 11th Armored Cavalry Regiment;

	c.  from 14 March to 21 March 1970 with the 45th Medical Company; and

	d.  from 22 March to 4 April 1970 with the 57th Medical Detachment.

4.  During the applicant's service in the Republic of Vietnam, he was diagnosed and treated for a medial collateral ligament strain which was secondary to trauma sustained prior to service due to an automobile accident.  He was treated twice and returned to duty after each hospitalization.

5.  On 8 January 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was issued a DD Form 214 confirming he completed 2 years, 9 months, and 18 days of net active Federal service with 1 year and 12 days of foreign service in the U.S. Army Pacific geographic region.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Armed Forces Expeditionary Medal
* Aircraft Crewmember Badge
* Republic of Vietnam Campaign Medal with Device (1960)

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal.  There are no official orders in the applicant's service records showing he was awarded the Army Commendation Medal.

8.  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 U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Army Commendation Medal or any other medals for his service in the Republic of Vietnam.

9.  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 a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  U.S. Army Human Resources Command, Soldier Programs and Services Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.


11.  Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 127 awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar on 6 May 1968.

12.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  The applicant provided general orders announcing award of the Army Good Conduct Medal for his period of service from 18 March 1969 to 10 January 1971.  In addition, he provided an award recommendation prepared and signed by his company commander at Fort Lewis.  However, the applicant did not provide orders showing he was awarded the Army Commendation Medal.

14.  References:

	a.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows the 57th Medical Detachment, the unit to which the applicant was assigned, was awarded the Meritorious Unit Commendation by DAGO Number 24, dated 1972.

	c.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in three campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The campaigns were:

* Vietnam Counteroffensive Phase V (1 July 1968- 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)



DISCUSSION AND CONCLUSIONS:

1.  Based on the announcement by special or general orders, the applicant is entitled to correction of his record to show award of the Army Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to the previously-awarded Vietnam Service Medal.

3.  While the available evidence is insufficient for awarding the applicant an Army Commendation Medal, this in no way affects his right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for 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 Good Conduct Medal 
* Vietnam Service Medal with three bronze service stars





* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar




      ___________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)                                         AR20090021534



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ABCMR Record of Proceedings (cont)                                         AR20090021534



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