IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100025218 


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 award of the Bronze Star Medal with “V” Device be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  He states he was recommended for the award, but he never received it.  

3.  He provides a copy of his DD Form 214 and two statements recommending him for award of the Bronze Star Medal with “V” Device.  

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 into the Army of the United States on 21 October 1965.  The highest rank/grade he attained was specialist four (SP4)/E-4.  

3.  General Orders Number 4297, dated 27 July 1967, show he was awarded the Bronze Star Medal for meritorious service from August 1966 to August 1967.  

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service) – he served in Vietnam from 2 August 1966 to 30 July 1967
* Item 38 (Record of Assignments) – he was assigned to Company D, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division from 20 August 1966 to 29 July 1967 and received “excellent” conduct and efficiency ratings
* Item 41 (Awards and Decorations) – doesn’t list award of the Bronze Star Medal with “V” Device

5.  He was released from active duty on 31 July 1967 in the rank of SP4.  He completed 1 year, 9 months, and 10 days of active military service.  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Air Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  His record does not contain any derogatory information or a record of a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 orders for award of the Bronze Star Medal with “V” Device pertaining to the applicant.


9.  He provided two notarized statements from former fellow Soldiers recommending him for award of the Bronze Star Medal with “V” Device.  They described the events involving an ambush of their unit in North Vietnam early in January 1967.  The applicant and two other Soldiers fired their weapons and killed a North Vietnamese.  They stated the reasons that the recommendation was late because the platoon leader came down with an illness and was sent to the hospital and the platoon sergeant was wounded in a firefight shortly after and was taken to the hospital.  

10.  References:

	a.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of his assignment to the 5th Battalion, 7th Cavalry Regiment, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders Number 59, dated 1969.  

	b.  Army Regulation 600-8-22 (Military Awards) states:

   (1)  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 in 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.  

   (2)  The bronze “V” device indicates acts of heroism involving conflict with 
an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  

		(3)  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, he participated in the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.  

	c.  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.  There must have been no convictions by a court-martial.

	d.  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.

	e.  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.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Bronze Star Medal; therefore, his DD Form 214 should be amended to show this decoration.

2.  A thorough review of his records failed to show award of the Bronze Star Medal with “V” Device:

* there were no orders in the records
* his DA Form 20 doesn’t show the award
* the Bronze Star Medal with “V” Device isn’t shown on his DD Form 214
* ADCARS failed to uncover Bronze Star Medal with “V” Device general orders in his name

3.  While the available evidence is insufficient for awarding him a Bronze Star Medal with “V” Device, this in no way affects his right to pursue his claim for the Bronze Star Medal with “V” Device by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

4.  The notarized statements from former fellow Soldiers are acknowledged; however, these documents alone are insufficient evidence to grant him award of the Bronze Star Medal with “V” Device.  

5.  It appears he met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 21 October 1965 through 31 July 1967.  His service record shows he received "excellent" conduct and efficiency ratings and he was promoted to SP4 during this period.  Therefore, he should be awarded the Army Good Conduct Medal (first award) and correction of his DD Form 214 to show this award.

6.  Evidence shows that during his assignment to his unit in Vietnam, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  His DD Form 214 currently reflects the Vietnam Service Medal; however, he participated in two campaigns in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  

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 the Vietnam Service Medal from item 24 of his DD Form 214;
   
   b.  awarding him the Army Good Conduct Medal (first award) for the period
21 October 1965 through 31 July 1967; and



	c.  amending item 24 of his DD Form 214 by adding award of the Bronze Star Medal, Army Good Conduct Medal (first award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with two bronze service stars.  

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 award of the Bronze Star Medal with “V” Device.  




      _______ _   _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)                                         AR20100025218





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ABCMR Record of Proceedings (cont)                                         AR20100025218



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