IN THE CASE OF:	  

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100014627 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Medical Badge, Bronze Star Medal, Army Commendation Medal, and Army Good Conduct Medal.

2.  The applicant states he was a combat medic and he received a Bronze Star Medal, Army Commendation Medal, and the Army Good Conduct Medal in Vietnam.  However, he was on administrative hold when he was released from active duty and he did not get to the awards area to ensure the awards were listed on his DD Form 214.

3.  The applicant provides his DD Form 214.

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 records show he enlisted in the Regular Army on 28 February 1964 for a period of 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 111.00 (Light Weapons Infantryman). 

3.  On 24 September 1965, Headquarters, U.S. Army Special Forces Training Group (Airborne), Fort Bragg, NC, published Special Orders Number 187 awarding him primary MOS 91B (Medical Specialist) and secondary MOS 11B [formerly MOS 111.00].

4.  His records show he served in the Republic of Vietnam from on or about 23 January 1966 to 28 March 1967.  He was assigned as a medical specialist in duty MOS 91B with Company D, 5th Special Forces Group (Airborne),
1st Special Forces.

5.  On 15 July 1966, his commander rendered the applicant an evaluation report wherein his rater stated that "[Applicant] works as a medical specialist with a subsection, in charge of medical patrols which he organized well."

6.  He was extended beyond the expiration of his term of service (ETS) date for alleged violation of Military Assistance Command - Vietnam directives governing currency control and he had a flag (suspension of favorable personnel action) in his records; however, there were no court-martial charges preferred against him.

7.  He was subsequently honorably released from active duty on 3 April 1967, nearly 45 days beyond his ETS date, in the rank/grade of specialist four (SP4)/
E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Combat Infantryman Badge, Vietnam Campaign Medal with Device (1960), Parachutist Badge, National Defense Service Medal, Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

9.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, Special Orders Number 3, dated 3 January 1966, awarded the applicant the Combat Medical Badge.

10.  His records do not contain official orders awarding him the Army Good Conduct Medal.  Additionally, his records do not contain any derogatory information in the form of time lost, court-martial charges, or a record of nonjudicial punishment.

11.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings from the date of his entry on active duty to 6 January 1966 and an "unknown" conduct and efficiency rating during his tenure of service in Vietnam.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.  There must have been no convictions by a court-martial.

13.  His records do not contain official orders awarding him the Bronze Star Medal or the Army Commendation Medal.

14.  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 the Bronze Star Medal or the Army Commendation Medal pertaining to the applicant.

15.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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.  the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal 

recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

16.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

17.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive (25 December 1965 to 30 June 1966) 
* Vietnam Counteroffensive (1 July 1966 to 31 May 1967)

18.  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 the unit to which the applicant was assigned was cited for award of the:

* Presidential Unit Citation for the period 1 November 1966 – 31 January 1968 by Department of the Army General Orders (DAGO) 45, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
1 October 1964 - 17 May 1969, by DAGO 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served as a medical specialist in Vietnam and he was awarded the Combat Medical Badge by official orders, which is not shown on his DD Form 214.  The Combat Infantryman Badge shown on his DD Form 214 appears to have been an error as the evidence shows he performed duties as a medical specialist, not an infantryman, while in Vietnam; however, his DD Form 214 should be corrected to show the Combat Medical Badge. 

2.  General orders awarded the applicant’s unit the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not shown on DD Form 214.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars

4.  The evidence of record confirms he served honorably during the period 28 February 1964 through 3 April 1967.  He completed a combat tour in Vietnam, he received "excellent" conduct and efficiency ratings throughout most of his military service (he received an unknown rating during his service in Vietnam), and he attained the rank/grade of SP4/E-4.  Except for the flag, which appears not to have resulted in any further action, his record is void of any derogatory information on file that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correction of his DD Form 214 to show this award.

5.  With respect to the Bronze Star Medal and the Army Commendation Medal there is no evidence in the available records that show he was recommended for or awarded either award.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal and the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show either 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 from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 28 February 1964 through 27 February 1967; and 
	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal
(1st Award), Vietnam Service Medal with two bronze service stars, Combat Medical Badge, Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm 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 adding the Bronze Star Medal and the Army Commendation Medal to his DD Form 214.



      _______ _   _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)                                         AR20100014627



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ABCMR Record of Proceedings (cont)                                         AR20100014627



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