IN THE CASE OF:	  

		BOARD DATE:	    9 December 2010

		DOCKET NUMBER:  AR20100013485 

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 that he be awarded the Soldier's Medal and that his records be corrected to show award of two Meritorious Unit Commendations.

2.  The applicant states he served with Company A, 577th Engineer Battalion, during the period it was awarded two Meritorious Unit Commendations and that he was told he had been put in for the Soldier's Medal.

3.  The applicant provides a copy of an internet unit history for the 577th Engineer Battalion.

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 on 3 November 1965, completed training, and was awarded military occupational specialty 63C (General Vehicle Repairman).

3.  He served in Vietnam with Company A, 577th Engineer Battalion, from 7 July 1966 through 1 July 1967.

4.  On 24 May 1967, the applicant's unit commander recommended him for award of the Army Commendation Medal for meritorious service for the period 7 July 1966 through 6 July 1967.  A U.S. Army Vietnam Form 157-R recommendation is of record; however, there is no indication it was processed beyond the unit level.

5.  The applicant was honorably released from active duty on 1 November 1968 with 2 years, 11 months, and 29 days of creditable service.  His DD Form 214 (Report of Transfer or Discharge) lists his awards as the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Army Good Conduct Medal, Republic of Vietnam Campaign Medal with Device (1960), and one overseas service bar.

6.  His DA Form 20 (Enlisted Qualification Record) shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Army Good Conduct Medal.

7.  The available record does not contain any evidence that shows the applicant was recommended for award of the Soldier's Medal.

8.  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 U.S. Army Human Resources Command, failed to reveal any orders for any awards for the applicant.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows while the applicant was assigned to the 577th Engineer Battalion the unit was cited for award of two Meritorious Unit Commendations by Department of the Army General Order (DAGO) 5, dated 1969, for the period 2 August 1966 to 11 June 1967 and by DAGO 48, dated 1969, for the period 12 June 1967 to 7 December 1968.

10.  DAGO 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973.

11.  Army Regulation 600-8-22 (Military Awards) provides the following information:

	a.  The Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  The same degree of heroism is required as for award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy.  Award of the Soldier's Medal will not be made solely on the basis of having saved a life.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Meritorious Unit Commendation.

	c.  A bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, appendix B indicates he participated during the following two campaign periods the Counteroffensive Phase II, 1 July 1966-31 May 1967, and the Counteroffensive Phase III, 1 June 1967-29 January 1968.

12.  Title 10, 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.

13.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, 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 rests with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he served with Company A, 577th Engineer Battalion, during the period it was awarded two Meritorious Unit Commendations and that he was told he had been put in for the Soldier's Medal.

2.  The record does show the applicant served with the 577th Engineer Battalion during the periods it was awarded two Meritorious Unit Commendations and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These awards are not reflected on the DD Form 214 and it would be appropriate to correct this error.

3.  The applicant served in Vietnam during two campaign periods and he is authorized to wear two bronze service stars on his Vietnam Service Medal, not the single bronze service star currently shown.  It would be appropriate to correct this error.

4.  Based on the above facts and findings it would be appropriate show that in addition to the awards listed on the DD Form 214, the applicant is also authorized award of the Meritorious Unit Commendation with one oak leaf cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be worn on his Vietnam Service Medal.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  __X_____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 Vietnam Service Medal with one bronze service star from the applicant's DD Form 214 and

	b.  adding the following awards to the awards listed on the DD Form 214:  the Meritorious Unit Commendation with one oak leaf cluster, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined 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 Soldier's Medal.



      _________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)                                         AR20100013485



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ABCMR Record of Proceedings (cont)                                         AR20100013485



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