BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100010872 


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, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM), Republic of Vietnam Campaign Medal with Device (1960) instead of the Vietnam Campaign Medal, two awards of the Overseas Service Bar, Good Conduct Medal, Meritorious Unit Commendation (MUC), and Army Commendation Medal (ARCOM).  

2.  The applicant states:

* He was awarded the BSM, Republic of Vietnam Campaign Medal with Device (1960), two awards of the Overseas Service Bar, and Good Conduct Medal
* He believes he is entitled to the MUC and ARCOM
* The 572nd Transportation Company was awarded the MUC
* His DA Form 20 (Enlisted Qualification Record) shows entitlement to the Republic of Vietnam Campaign Medal with Device (1960) and two awards of the Overseas Service Bar
* None of these items are listed on his DD Form 214
* He remembers receiving the ARCOM when he got the Good Conduct Medal       

3.  The applicant provides:

* DD Form 214
* Citation for the BSM
* Newspaper article pertaining to award of the BSM
* Orders for the Good Conduct Medal
* Excerpt from Department of the Army Pamphlet 672-3
* DA Form 20
* Certificate of Safety
* Discharge orders from the U.S. Army Reserve (USAR)
 
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 
27 September 1967.  He arrived in Vietnam on 29 August 1968.  His DA Form 20 shows he served as a heavy vehicle driver assigned to the 572nd Transportation Company in Vietnam from 4 September 1968 to 17 August 1969.  On 24 August 1969, the applicant was released from active duty and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.

3.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal (correctly known as Republic of Vietnam Campaign Medal with Device (1960)) as authorized awards.

4.  There are no orders for the BSM or ARCOM in the available records.

5.  Item 41 (Awards and Decorations) on the applicant's DA Form 20 does not show entitlement to the BSM or ARCOM.  

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 BSM or ARCOM.

7.  In support of his claim for the BSM, the applicant provided a citation for the BSM for the period September 1968 to August 1969.  He also provided a newspaper article which states he received the BSM.

8.  Headquarters, U.S. Army Support Command, Saigon General Orders Number 802, dated 13 July 1969, show the applicant received the first award of the Good Conduct Medal. 

9.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

10.  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 the 572nd Transportation Company was awarded the Meritorious Unit Commendation for the period 10 December 1968 to 30 June 1969 by Department of the Army General Orders (DAGO) 53, dated 1970.  This unit was also cited for a second award of the Meritorious Unit Commendation for the period 1 July 1969 to 31 May 1970 by DAGO 50, dated 1971.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 7-7 (Unit award emblems) states an individual unit award emblem is authorized for wear on the uniform for the Meritorious Unit Commendation.  An Oak Leaf Cluster is authorized for wear for each additional award of the Meritorious Unit Commendation.

12.  DAGO 8, dated 1974, announced award of the Republic of Vietnam 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.

13.  Army Regulation 600-8-22 states 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 n 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.

14.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

15.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

16.  Army Regulation 600-8-22 provides that the ARCOM 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.  
 
DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the BSM in the available records and the applicant did not provide any orders for the BSM.  In the absence of orders officially awarding him the BSM or any other official corroborating evidence, the citation and newspaper article provided by the applicant are not sufficient as a basis for adding the BSM to his DD Form 214.

2.  Item 24 on the applicant's DD Form 214 shows the Vietnam Campaign Medal as an authorized award.  However, since the Vietnam Campaign Medal is correctly known as the Republic of Vietnam Campaign Medal with Device (1960), it would be appropriate to correct the applicant's DD Form 214 to show the Republic of Vietnam Campaign Medal with Device (1960) instead of the Vietnam Campaign Medal.

3.  The applicant served in Vietnam from August 1968 to August 1969.  Based on calculating credit toward the overseas service bar during the Vietnam era, he served for a total of 13 months.  Therefore, he is entitled to two awards of the Overseas Service Bar.  However, Overseas Service Bars are actually an item of uniform wear and therefore not an authorized entry on the DD Form 214.

4.  Orders show the applicant received the first award of the Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

5.  The applicant's unit was cited for two awards of the MUC while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show the MUC with one oak leaf cluster.

6.  There are no orders for the ARCOM in the available records.  Therefore, there is insufficient evidence with which to add this medal to his DD Form 214.

7.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

8.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

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 the entry "VIETNAM CAMPAIGN MEDAL" in item 24 on his DD Form 214; and




	b.  adding the Republic of Vietnam Campaign Medal with Device (1960), Good Conduct Medal, MUC with one oak leaf cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four awards of the bronze service star for wear on his already-awarded Vietnam Service Medal in item 24 on his DD Form 214.   

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 award of the BSM, ARCOM, or two awards of the Overseas Service 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)                                         AR20100010872





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ABCMR Record of Proceedings (cont)                                         AR20100010872



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