IN THE CASE OF:	

		BOARD DATE:	  5 May 2010

		DOCKET NUMBER:  AR20100026169 


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 records to show award of the Bronze Star Medal.

2.  The applicant states he served in Vietnam and was assigned to Company E (Signal), 5th Special Forces Group (Airborne).  A noncommissioned officer who he served with for 18 months showed him a copy of orders that awarded him the Bronze Star Medal for meritorious service; however, his military records do not show the award.

3.  The applicant provides no additional documentary evidence in support of his request.

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 enlisted and entered active duty in the Regular Army (RA) on
25 October 1965.  Upon completion of training he was awarded military occupational specialty 72B (Communications Center Specialist).

3.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty this period on 25 October 1965 and he was honorably discharged on 4 October 1967 to reenlist in the RA.

   a.  He had completed 1 year, 11 months, and 10 days of net active service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal.

4.  The applicant reenlisted in the RA for a period of 6 years on 5 October 1967.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in:

* Germany from 20 June 1966 through 26 April 1967
* Vietnam from 30 May 1967 through 1 April 1970

	b.  item 38 (Record of Assignments) he was assigned to:

        (1)  U.S. Army Strategic Command (USASTRATCOM) Facility Nha-Trang, from 6 June through 23 June 1967;

       (2)  Nha-Trang Signal Battalion, USASTRATCOM (Provisional), from
24 June through 15 September 1967; and

       (3)  Company E (Signal), 5th Special Forces Group (Airborne), 1st Special Forces, from 16 September 1967 through 30 March 1970.

	c.  item 39 (Campaigns) the:

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III
* Tet Counteroffensive (1968)
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Tet Counteroffensive (1969) 
* an (as then) unnamed campaign

   d.  item 41 (Awards and Decorations) the:
   
* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal (1st Oak Leaf Cluster)
* 5 Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar

6.  A DD Form 214 (Report of Separation from Active Duty) shows the applicant entered active duty this period on 5 October 1967 and he was discharged under honorable conditions on 4 June 1971.

   a.  He had completed 2 years, 5 months, and 2 days of net active service this period; 1 year, 11 months, and 10 days of prior active service; 4 years, 4 months, and 12 days of total active service; and 2 years, 5 months, and 27 days of foreign service.

   b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal (1st Oak Leaf Cluster)
* 5 Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar

7.  A review of the applicant's military personnel records failed to reveal any evidence that he was authorized or awarded the Bronze Star Medal.

8.  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 United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.
9.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

10.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, General Orders show:

   a.  General Orders Number 2022, dated 19 November 1968, awarded the applicant the Army Commendation Medal for meritorious service against a hostile force in the Republic of Vietnam from 29 May 1967 to 28 December 1968;

   b.  General Orders Number 944, dated 2 July 1969, awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service against a hostile force in the Republic of Vietnam from 29 December 1968 to
2 August 1969;

   c.  General Orders Number 873, dated 11 May 1970, awarded the applicant the Army Commendation Medal (2nd Oak Leaf Cluster) for meritorious service against a hostile force in the Republic of Vietnam from 15 April 1969 to 15 April 1970; and

   d.  General Orders Number 1421, dated 27 August 1969, awarded the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity from 25 October 1965 to 24 October 1968.

11.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show he was awarded any bronze service stars to signify campaign participation credit.

	a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.  It also shows that one silver service star is authorized for wear on the service medal in lieu of 5 bronze service stars.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive Phase II  (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III  (1 June 1967- 29 January 1968)
* Tet Counteroffensive  (30 January - 1 April 1968)
* 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 Counteroffensive 1969  (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter-Spring 1970  (1 November 1969 - 30 April 1970)

12.  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.  This pamphlet shows that at the time of the applicant's assignment to Company E (Signal), 5th Special Forces Group (Airborne), 1st Special Forces, the group was awarded the:

* Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 45 (1969)
* Meritorious Unit Commendation by DAGO Number 70 (1969)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 59 (1969)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48 (1971)

13.  U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.

14.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.  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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Bronze Star Medal because he was shown a copy of the order that awarded him the Bronze Star Medal; however, it is not recorded in his military records.

2.  The applicant's claim to the Bronze Star Medal was carefully considered.

   a.  The sincerity of the applicant's comments is not in question.  However, there are no orders or any other Army records that show the applicant was awarded the Bronze Star Medal or that he was recommended for the award.

   b.  Therefore, there is insufficient evidence to support the applicant's claim to the Bronze Star Medal.

3.  Evidence shows that the applicant's records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), ABCMR, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD, ABCMR, administratively correct the records of the individual concerned by: 

   a.  deleting from item 24 of his 4 October 1967, DD Form 214 the "VSM" [Vietnam Service Medal];


   b.  adding to item 24 of his 4 October 1967, DD Form 214 the:

* Vietnam Service Medal with 2 bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar

   c.  deleting from item 26 of his 4 June 1970, DD Form 214 the "VSM" [Vietnam Service Medal] and "ARCOM w/1 OLC" [Army Commendation Medal with 1st Oak Leaf Cluster]; and 

   d.  adding to item 26 of his 4 June 1970, DD Form 214 the:
   
* Army Commendation Medal (3rd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 silver service star and 4 bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation




      _______ _   _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)                                         AR20100026169



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ABCMR Record of Proceedings (cont)                                         AR20100026169



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