IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100021817 


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 all awards and decorations be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

2.  The applicant states he noticed missing awards such as the Purple Heart (PH), Bronze Star Medal (BSM) with cluster, and Army Commendation Medal (ARCOM).

3.  The applicant provides his DD Form 214, two BSM citations, and ARCOM orders in support of his application.  He also refers to a Silver Star citation that is not actually included with the application.  

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 record shows the applicant enlisted in the Regular Army on 29 August 1967 and was trained in and awarded military occupational specialty (MOS) 11E (Armor Crewman).  It also shows he was promoted to sergeant/E-5 (SGT/E-5) on 12 January 1969, and that this is the highest rank he attained while serving on active duty.  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 9 September 1968 through 28 August 1969.  His record shows that during his RVN tour, he was assigned to Company A, 2nd Battalion, 34th Armor Regiment, 24th Infantry Division.  Item 38 (Record of Assignments) is not complete but the entries included all shows "excellent" conduct and efficiency ratings.  

4.  Item 40 (Wounds) of the applicant’s DA Form 20 is blank and item 41 shows he earned the following awards during his active duty tenure:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal
* RVN Campaign Medal

5.  The PH and SS are not included in the list of awards in item 41 of his DA Form 20, and his record is void of any orders or other documents that show he was ever recommended for or awarded either of these awards by proper authority while serving in the RVN.  His record is also void of any medical treatment records indicating he was ever treated for a combat-related wound.  

6.  The record does include Headquarters, 25th Infantry Division General Orders (GO) Number (#) 11174, dated 2 September 1969.  These orders awarded the applicant the ARCOM for meritorious achievement during the period 24 June through 9 August 1969.  It also contains orders awarding the applicant the Sharpshooter Marksmanship Qualification Badge with Tank Gun Bar that were issued at Fort Knox, Kentucky on 3 January 1968.  

7.  The applicant’s record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  


8.  On 28 August 1970, the applicant was honorably released from active duty (REFRAD), in the rank of SGT/E-5, after completing 3 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:

* NDSM
* VSM
* RVNCM with 60 Device
* Expert Marksmanship Qualification Badge with Rifle Bar

9.  The applicant provides a 25th Infantry Division citation and BSM certificate, dated 22 July 1969, which indicate he was awarded the BSM for meritorious service during the period September 1968 through September 1969.  He also provides a 25th Infantry Division citation and GO, dated 2 September 1969, which show he was awarded the ARCOM for meritorious achievement during the period 24 June through 9 August 1969.  Although he refers to an SS citation on his application, he did not include orders, a citation, or a certificate showing award of the SS.  He also provides no documents related to award of the PH.  

10.  During the review of this case, a member of the Board staff reviewed the 
Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web based index containing general orders issued during the Vietnam era, which is maintained by the United States Army Human Resources Command Awards Branch.  This review produced the following GOs issued on the applicant by the 25th Infantry Division authorizing the awards indicated:

    a. GO 9633, authorizing the BSM for meritorious service during the period September 1968 through September 1969; and 

    b. GO 11174, authorizing the ARCOM for meritorious achievement during the period 24 June through 9 August 1969.  

11.  A member of the Board staff also reviewed the Department of the Army Vietnam Casualty Roster.  There is no entry pertaining to the applicant on this roster of Vietnam casualties.  



12.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states in order to support award of the PH there must be evidence that the would for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this treatment must have been made a matter of official record.  

13.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  

14.  Table B-1 of the awards regulation contains a list of RVN campaigns and shows that during the applicant’s tenure of assignment, participation credit was granted for the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968) 
* Vietnam Counteroffensive Phase VI (2 November 1968- 22 February 1969 
* TET 69 Counteroffensive (23 February 1969-8 June 1969) 
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969). 

15.  Army Regulation 672-5-1 (Awards) provided the Army's awards policy in effect at the time of the applicant's REFRAD.  It stated, in pertinent part, that a normal qualifying period for award of the AGCM was 3 years.  It further stated that in order for a member to be eligible for the AGCM, he/she must have received all "excellent" conduct and efficiency ratings and must not have been convicted by a court-martial during the qualifying period.

16.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (Company A, 2nd Battalion, 34th Armor Regiment) earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 does not include all awards and decorations in item 24 has been carefully considered and found to have partial merit.  

2.  The evidence of record confirms the applicant was awarded the ARCOM for meritorious achievement and the BSM for meritorious service while serving in the RVN, as evidenced by orders contained on the ADCARS database.  Therefore, it would be appropriate to add these awards to his record and DD Form 214.  

3.  The record also contains orders awarding him the Sharpshooter Marksmanship Qualification Badge with Tank Gun Bar.  However, this badge is not included in the list of awards contained on his DD Form 214.  Therefore, it would be appropriate to add it now.  

4.  The record is also void of any derogatory information or unit commander disqualification that would have precluded the applicant from receiving the AGCM.  As a result it would also be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 29 August 1967 through 28 August 1970, and by adding this award to his record and DD Form 214.  

5.  In addition, the record shows that based on his RVN service and campaign participation he is also eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.  

6.  The applicant’s contention that the PH and SS should be added to his 
DD Form 214 has also been carefully considered.  However, there is insufficient evidence to support granting this portion of the requested relief.  The record is void of any documents or orders that indicate he was ever recommended for or awarded either of these awards by proper authority during his active duty tenure.  

7.  The record is also void of any indication that the applicant was ever wounded in action or treated for a combat related wound by military medical personnel while serving in the RVN.  Further, his name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  As a result, the regulatory burden of proof necessary to support adding these awards to his record and DD Form 214 has not been satisfied in this case.  



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.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 29 August 1967 through 28 August 1970; and 

	b.  amending item 24 of his DD Form 214 by deleting the current Vietnam  Service Medal entry and replacing it with the entry "Vietnam Service Medal with
 4 bronze service stars" and adding the Bronze Star Medal, Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Tank Gun 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 adding the Silver Star, Purple Heart, and additional awards of the Bronze Star 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)                                         AR20100021817



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ABCMR Record of Proceedings (cont)                                         AR20100021817



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