BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100019075 


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 reflect all the awards due him.

2.  The applicant states that his DD Form 214 does not reflect all of his awards, specifically the Army Commendation Medal (ARCOM), Bronze Star Medal (BSM), Purple Heart (PH), and the Air Medal (AM).

3.  The applicant provides a one-page self-authored letter explaining his application and expressing disappointment with the accuracy of Army records.

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 in Oakland, CA on 25 October 1967.  He completed his basic training at Fort Lewis, WA, his advanced individual training as a light weapons infantryman at Fort Polk, LA, and his airborne training at Fort Benning, GA before being transferred to Vietnam on 8 May 1968.

3.  He was assigned to Company F, 50th Infantry Regiment (LRP) [long range patrol], 25th Infantry Division as a scout observer.  He was advanced to pay grade E-4 on 17 September 1968.

4.  He departed Vietnam on 5 May 1969 for assignment to Fort Bragg, NC where he remained until he was honorably released from active duty (REFRAD) to attend school on 4 September 1969.  He had served 1 year, 10 months, and
10 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Parachutist Badge, Combat Infantryman Badge, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  His record is also void of any derogatory information or a commander's disqualification that would serve to disqualify him for the first award of the Army Good Conduct Medal (AGCM).

6.  A review of the applicant's records as well as a search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to reveal any orders for the ARCOM, BSM, PH, or the AM pertaining to the applicant.

7.  Additionally, the available records do not reflect that he was wounded as a result of enemy action and his name is not listed on the Vietnam casualty listing.

8.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period ends with the termination of a period of Federal military service on or after 27 June 1950 of less than 3 years but more than 1 year.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  


9.  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 four campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69, Counteroffensive 1969 (23 February - 8 June 1969)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant’s unit was awarded the:

* Valorous Unit Award for the period 1- 30 June 1969 by Department of the Army General Orders Number 2, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 December 1967 - 31 August 1968 and for the period 1 January - 31 March 1969, both by DAGO 48, dated 1971

11.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

12.  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.  

13.  Army Regulation 600-8-22 states 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, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  

14.  Army Regulation 600-8-22 states the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  

15.  Army Regulation 600-8-22 states that for all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Army Regulation 600-8-22 states the PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the AGCM.  Therefore, it must be presumed that the failure to award him the AGCM was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the first award of the AGCM for the period of 25 October 1967 through
4 September 1969 and to correct his DD Form 214 to show this award.

2.  The applicant served during four campaigns phases while in Vietnam.  Therefore, he is entitled to four 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.

3.  The applicant’s unit was cited for award of the Valorous Unit Award and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.


4.  While the sincerity of the applicant’s claim that he was awarded the BSM, ARCOM, PH, and the AM is not in question, he has not provided and the records do not contain orders for those awards, which is necessary to have them added to his DD Form 214.  Therefore, in the absence of such orders, there appears to be no basis for adding these awards to his DD Form 214 at this time.

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 for the period 25 October 1967 through 4 September 1969; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal
(1st award), Vietnam Service Medal with four bronze service stars, Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2 awards).

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, Army Commendation Medal, Purple Heart, and the Air Medal to his      DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the 


United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20100019075



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ABCMR Record of Proceedings (cont)                                         AR20100019075



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