IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100016160 


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 the following awards:

	a.  Bronze Star Medal;

	b.  awards earned during his service in the U.S. Army Reserve;

	c.  bronze service stars to be affixed to his already-awarded Vietnam Service Medal;

	d.  Republic of Vietnam Campaign Medal;

	e.  Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	f.  Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

2.  The applicant states these awards were omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214, appointment letter, letter of commendation, DA Forms 67-5 and 67-6 (U.S. Army Officer Efficiency Report), Standard Form 513 (Consultation Sheet), Standard Form 88 (Report of Medical Examination), DA Form 66 (Officer Qualification Record).



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.  On 19 December 1964, the applicant was commissioned a second lieutenant, Ordnance Corps, U.S. Army Reserve.

3.  On 22 May 1965, the applicant was ordered to active duty as a USAR second lieutenant.  His active duty assignments were:

	a.  22 May to 27 July 1965:  Ordnance Officer Basic Course, Aberdeen Proving Grounds, Maryland;
	
	b.  28 July to 5 October 1965: 629th Ordnance Company, Fort Lewis, Washington;

	c.  6 October 1965 to 8 April 1966: 523rd Ordnance Company, Fort Lewis, Washington;

	d.  11 May 1966 to 31 July 1966: 618th Ordnance Company, Republic of Vietnam;

	e.  1 August 1966 to 27 April 1967: Headquarters and Main Support Company, 5th Maintenance Battalion; and

	f.  29 April to 3 May 1967: Transfer Station, Fort Ord, California.

4.  On 3 May 1967, the applicant was released from active duty and transferred to the U. S. Army Reserve Control Group (Annual Training).  He had attained the rank of first lieutenant, pay grade O-2, and had completed 1 year, 11 months, and 12 days of creditable active duty service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the [Republic of] Vietnam Campaign Medal [with 1960 Device].

6.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 shows his awards as:

	a.  Sharpshooter Marksmanship Qualification Badge with Rifle Bar;

	b.  Vietnam Service Medal;

	c.  National Defense Service Medal; and 

	d.  [Republic of] Vietnam Campaign Medal.

7.  Item 18 (Record of Assignments) of the applicant's DA Form 66 shows he  served as an ordnance officer in the USAR with the 357th Supply and Service Battalion from 1 July 1968 to on or about 31 December 1969.

8.  The applicant attained the rank of captain, pay grade O-3 in the USAR on 
2 December 1969.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any award orders pertaining to the applicant.   ADCARS is 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.

10.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal 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.

11.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

12.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

13.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the Vietnam Counteroffensive and the Vietnam Counteroffensive, Phase II.  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.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Campaign Medal with 1960 Device.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 618th Ordnance Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 17, dated in 1968 for award of the Meritorious Unit Commendation.

16.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the following awards:

	a.  Bronze Star Medal;

	b.  awards earned during his service in the U.S. Army Reserve;

	c.  bronze service stars to be affixed to his already-awarded Vietnam Service Medal;

	d.  Republic of Vietnam Campaign Medal;

	e.  Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	f.  Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

2.  There are no general orders showing the applicant was awarded the Bronze Star Medal.  Neither has the applicant provided any documentation or argument sufficient to show he was awarded this medal.  Therefore, his request for award of the Bronze Star Medal should be denied.

3.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects the applicant's right to pursue her claim for the medal by submitting a request through her Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  Army Regulation 635-5 clearly states that the DD Form is a summary of a Soldier's most recent period of continuous active duty.  Accordingly, awards earned in subsequent periods of service, to include in the USAR, are not authorized for entry on a previously issued DD Form 214.  Therefore, the applicant's request to show subsequent awards that he may have earned while in the USAR should be denied.

5.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  Records show the applicant's unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, this unit award should be shown on his DD Form 214.

7.  The applicant's DD Form 214 already shows award of the Republic of Vietnam Campaign Medal with 1960 Device; however, the entry is incompletely entered and should be corrected.

8.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

9.  Records show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, this badge should be shown on his DD Form 214.

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 his DD Form 214 the "VIETNAM SERVICE MDL" AND THE "VIETNAM CAMPAIGN MEDAL"; and

	b.  showing, in addition to the awards already shown on his DD Form 214, that his awards include the Meritorious Unit Commendation, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.






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 Bronze Star Medal and any subsequent awards he may have earned while in the USAR.




      _______ _ 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)                                         AR20100016160





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ABCMR Record of Proceedings (cont)                                         AR20100016160



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