BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100000727 


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 the following awards:

* Army Good Conduct Medal (AGCM)
* Air Medal (AM)
* Meritorious Service Medal (MSM)
* Purple Heart (PH)
* Bronze Star Medal (BSM)

2.  The applicant states he is entitled to the awards for the following reasons:

	a.  AGCM because he received an honorable discharge while in the rank of sergeant/E-5 and during the last 3 months in the Republic of Vietnam (RVN) he held the temporary rank of E-6;

	b.  AM because while conducting missions as a six-man team, they were always inserted by helicopter and received ground fire while being inserted;

	c.  MSM because he was informed by his company commander that a new medal was being instituted and once it was official, the company commander would recommend him for it;

	d.  PH because he was wounded in late November 1967 or early December 1967, but he was never recommended for it because it was just one of those things at the time; and

	e.  BSM for combat actions in January 1968.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this application.

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's record shows he enlisted in the Regular Army on 27 September 1966.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 18 July 1967, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for disobeying a lawful order from his noncommissioned officer by failing to lay out his equipment for an inspection prior to going to chow.  The punishment consisted of restriction and extra duty for 14 days and forfeiture of $28.00.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) that he served in the RVN from 21 September 1967 to 21 September 1968.  Item 38 (Record of Assignments) shows he was assigned to Detachment 1, Administrative Section, 101st Administrative Company, Support Battalion, and to Company E (Long Range Patrol), 20th Infantry (Airborne), while in the RVN.  Item 38 further shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Item 40 (Wounds) is blank.  His DA Form 20 also shows the BSM, PH, MSM, AM, and AGCM are not included in the list of awards contained in item 41 (Awards and Decorations).

5.  The applicant's official military personnel file (OMPF) is void of orders or any other documents that indicate he was recommended for or awarded the AGCM, AM, MSM, PH, or the BSM.

6.  On 8 September 1968, the applicant was honorably separated in the rank of sergeant/E-5 after completing 2 years, 11 months, and 12 days of active military service with no time lost.  His DD Form 214 shows he earned the following awards:  

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal 
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Machinegun Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System.  This is a web based index containing general orders issued during the Vietnam Era between 1965 and 1973.  No orders pertaining to the applicant were found in this file.

8.  The applicant's name is not listed on the Vietnam War casualty roster as being wounded as a result of hostile action.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The BSM is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	c.  The MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  The AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's assignment to Company E (Long Range Patrol), 20th Infantry (Airborne), the unit was cited for the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

13.  Title 10, U.S. Code, section 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 for approving the award.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to awards of the BSM, PH, MSM, AM, and AGCM has been carefully reviewed.

2.  The applicant was honorably separated in the rank of sergeant with 2 years, 11 months, and 12 days of creditable active service with no lost time and conduct and efficiency ratings of "excellent" throughout his period of active duty service.  Notwithstanding the fact the applicant accepted NJP on 18 July 1967, the NJP was imposed as a result of a minor offense as evidenced by the light punishment imposed.  Based on his overall record of honorable active duty service, this minor infraction should not preclude awarding him the AGCM at this time.  Therefore, it would be appropriate to award him the first award of the AGCM for the period 27 September 1966 to 8 September 1969 and to add this award to his DD Form 214.

3.  General orders show the unit to which the applicant was assigned in the RVN was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, these unit awards should also be added to his DD Form 214.

4.  There is no documentation in the applicant's OMPF and he provided none that shows he was recommended or awarded the BSM, PH, MSM, and AM.  He has provided no evidence to show he was wounded.  As a result, there is insufficient evidence on which to base granting this portion of his request.

5.  The applicant is advised that while there is insufficient evidence for awards of the BSM, MSM, and AM, this does not preclude him from pursuing these awards under the provisions of Title 10, U.S. Code, section 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.  awarding him the first award of the AGCM for the period 27 September 1966 to 8 September 1969 and

	b.  amending his DD Form 214 by adding the AGCM, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class 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 BSM, PH, MSM, and AM.



      __________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)                                         AR20100000727



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)