BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100008189 


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 17 December 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

* Combat Medical Badge (CMB) 
* Army Commendation Medal (First Oak Leaf Cluster)
* Bronze Star Medal

2.  The applicant states these awards should be annotated on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, Recommendation for Decoration for Valor or Merit, Letter from the U.S. Army Reserve Component   and Administration Center, St. Louis, and Special Orders Number 41, dated      10 February 1970.

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 Army of the United States on 10 June 1969.  After completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 91B (Medical Specialist).  He served in Vietnam from 28 November 1969 to 16 December 1970.  

3.  During his tenure of service in Vietnam he was assigned to the following units:

   a.  Company D, 1st Battalion, 28th Infantry, 1st Infantry Division from 8 December 1969 through 9 January 1969 in MOS 91A as a medic.
   
   b.  Headquarters and Headquarters Company, 1st Battalion, 28th Infantry, 1st Infantry Division from 10 January 1969 through 24 March 1970 in MOS 91A as a medical aidman.

   c.  12th Evacuation Hospital from 25 March 1970 through 3 December 1970 in MOS 91B as a medical specialist.
   
   d.  24th Evacuation Hospital from 4 December 1970  through 11 December 1970 in MOS 91B as a medical specialist.
   
4.  The applicant was honorably released from active duty on 17 December 1970, having completed 1 year, 6 months, and 8 days of total active service.

5.  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, Vietnam Campaign Medal, Army Commendation Medal, and the Good Conduct Medal.

6.  Special Orders Number 40, dated 9 February 1970, awarded the applicant the Combat Infantryman Badge.  This order was later amended by Special Orders 41, dated 10 February 1970, correcting the type of award from the Combat Infantryman Badge to the CMB.

7.  Recommendation for decoration, dated 4 December 1970, shows the applicant was recommended for the award of the BSM from 26 March 1970 to 12 December 1970.  This document indicates the applicant was previously awarded the ARCOM for service during the period of 27 November 1969 to 1 February 1970.  A copy of General Orders Number 1585, dated 6 February 1970, contained in the applicant's records, verifies this award.

8.  General Orders Number 590, dated 21 February 1971, awarded the applicant the ARCOM (First Oak Leaf Cluster) for meritorious service during the period March 1970 to December 1970.  

9.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973 was reviewed; however, this review failed to show any orders were published authorizing award of the BSM to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  The award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment.  Recommendations for award of a decoration for meritorious service will not refer to acts of heroism or meritorious achievement which have been previously recognized by award of a decoration.

11.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows 1st Battalion, 28th Infantry, to which the applicant was assigned, was cited for award of Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 53, dated 1970.  Additionally, the 12th Evacuation Hospital, to which the applicant was also assigned and during his tenure was cited for the award of the Meritorious Unit Commendation by DAGO Number 43, dated 1972 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 5, dated 1973.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in three campaigns during his tour of duty in the RVN.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

14.  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.

15.  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,  ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  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.  Orders verify that the applicant is entitled to correction of his records to show awards of the CMB and the ARCOM (First Oak leaf Cluster).

2.  While the applicant may have been recommended for award of the BSM, it appears the award was downgraded to the ARCOM (First Oak Leaf Cluster).  The orders show the ARCOM (First Oak Leaf Cluster) was awarded for meritorious service during the period March 1970 to December 1970, the same period cited on the applicant's recommendation for the award of the BSM.  Therefore, in the absence of orders confirming the award of the BSM, there is no basis to approve his request.

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

4.  Evidence of record also shows the applicant's units were awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his records to show these unit awards.

5.  Additionally, evidence shows the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show award of three bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 the Army Commendation Medal; and

   b.  adding to item 24 of his DD Form 214 the Combat Medical Badge, Army Commendation Medal (First Oak Leaf Cluster), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with three bronze service stars.

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 award of the BSM.  




      _______ _ 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)                                         AR20100008189





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)