IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100021269 


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 Bronze Star Medal and the Army Commendation Medal. 

2.  The applicant states he believes both of the above awards were awarded just prior to his release from active duty.  

3.  The applicant provides:

* His DD Form 214 for the period ending 19 April 1970
* Orders awarding him the Army Commendation Medal
* A statement from his spouse
* A witness statement

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 for 2 years on 27 July 1967 and he held military occupational specialty 11D (Armor Intelligence Specialist).  

3.  On 19 June 1968, he was honorably discharged to accept a commission.  His DD Form 214 shows he completed 10 months and 29 days of active service during this period and he was awarded the National Defense Service Medal and Sharpshooter Marksmanship Badge with Rifle Bar (M-16).

4.  He was appointed as an armor Reserve commissioned officer in the rank of second lieutenant and executed an oath of office on 20 June 1968 and entered active duty that date.  He served in Vietnam from 12 May 1969 to 18 April 1970.  He was assigned as follows:

* From 21 May to 3 August 1969, Company A, 1st Battalion, 77th Armor, 1st Brigade, 5th Infantry Division
* From 6 August to 22 October 1969, Troop B, 3rd Squadron, 5th Cavalry, 1st Brigade, 5th Infantry Division
* From 22 October 1969 to 18 April 1970, Headquarters and Headquarters Troop, 3rd Squadron, 5th Cavalry, 9th Infantry Division

5.  Headquarters, U.S. Army Training Center, Fort Bliss, TX, Special Orders Number 48, dated 4 March 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Headquarters, 5th Infantry Division (Mechanized), General Orders Number 401, dated 5 April 1970, awarded him the Army Commendation Medal for meritorious service from May 1969 to April 1970.

7.  He was honorably released from active duty on 19 April 1970 and he was transferred to the U.S. Army Reserve Control Group 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 National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

9.  Item 41 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show award of the Bronze Star Medal.
10.  His records do not contain general orders which authorized him award of the Bronze Star Medal.

11.  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 him. 

12.  He submitted:

	a.  A statement, dated 19 February 2010, from an individual who states she can attest to the fact that the applicant was given a Bronze Star Medal for Valor while in the Vietnam War.  She saw this medal in the late months of 1971.  She adds that she understood that a house fire destroyed the evidence that proves the applicant was awarded this medal. 

	b.  A statement, dated 4 March 2010, from his spouse who states the applicant showed her the Bronze Star in 1992 and that they were married in 1993.  She adds that the medal was put in a box with other military memorabilia. However, years later, the box was burned in a garage fire.

13.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

14.  Title 10 of the 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.  

15.  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 rest with the applicant.

16.  Review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214. 

17.  Headquarters, Department of the Army, General Order Number 8, dated 1974, awarded the 3rd Squadron, 5th Cavalry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 8 February to 30 April 1971.

18.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam participation credit was awarded for the TET 69 Counteroffensive (23 February - 8 June 1969), Vietnam Summer - Fall 1969 (9 June - 31 October 1969), and Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his 
DD Form 214 to show this award.

2.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal.

4.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges. 

5.  With respect to the Bronze Star Medal, there is no evidence in the available records that show he was recommended for or awarded this award.  The governing Army regulation states that for personal decorations (which included the Bronze Star 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. 

6.  Nevertheless, while the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star 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 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 adding to item 24 of his DD Form 214 for the period ending 19 April 1970 the:

* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Three bronze service stars to be affixed to his already-awarded Vietnam Service Medal

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.



      _______ _  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)                                         AR20100021269



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ABCMR Record of Proceedings (cont)                                         AR20100021269



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