IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100028428 


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:

* two bronze service stars for his Vietnam Service Medal
* Meritorious Unit Commendation
* two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Bronze Star Medal

2.  He states the Bronze Star Medal was routinely awarded for service in the Republic of Vietnam in combat units and omission of these awards in his record are in error and unjust.

3.  He provides his DD Form 214, DA Form 20 (Enlisted Qualification Record), and a list of references for the requested awards.

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 19 November 1965.

3.  His DA Form 20 shows in:

* item 29 (Qualification in Arms) he qualified as Sharpshooter with the M-14 Rifle on 25 June 1966
* item 33 (Appointments and Reductions) he was promoted to specialist four/E-4 on 10 December 1966
* item 38 (Record of Assignments) he was assigned to:

* Battery B, 1st Battalion, 44th Artillery, from 20 October 1966 to 1 May 1967
* Battery C, 4th Battalion, 60th Artillery, from 2 May 1967 to 14 July 1967 and 17 July 1967 to 7 October 1967

* item 38 he received "excellent" conduct and efficiency ratings throughout his service
* item 41 (Awards and Decorations) entries for the National Defense Service Medal, "Rifle M-14" (Special Orders 98, Battery B, 1st Battalion, 44th Artillery, 25 July 1966), Vietnam Service Medal, Republic of Vietnam Campaign Medal, one overseas service bar

4.  He was released from active duty on 12 October 1967 in the rank of SP4 after completion of 1 year, 10 months, and 24 days of active military service with no lost time.  His record does not contain any disciplinary actions or a record of a commander's disqualification for the first award of the Army Good Conduct Medal.

5.  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, Republic of Vietnam Campaign Medal, and "Rifle Badge M-14."

6.  His record is void of any evidence showing he was either recommended for or awarded the Bronze Star Medal.  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 award of the Bronze Star Medal pertaining to the applicant.

7.  References:

	a.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, participation credit was awarded for the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.

	b.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of his assignment to Battery C, 4th Battalion, 60th Artillery, this unit was cited for award of the:

		(1)  Meritorious Unit Commendation for the period 2 May 1967 to 7 October 1967 by Headquarters, Department of the Army, General Orders Number 1, dated 1969.

		(2)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by Headquarters, Department of the Army, General Orders Number 54, dated 1974.

	c.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 8 February 1962 to 28 March 1973.

	d.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

	e.  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 the 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.

	f.  Army Regulation 600-8-22 states 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.

	g.  Title 10, U.S. Code, section 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.

	h.  The request, along 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.  The applicant's DD Form 214 currently reflects the Vietnam Service Medal.  However, he participated in two campaigns in Vietnam.  Therefore, his DD Form 214 should be corrected to show two bronze service stars for wear on his already-awarded Vietnam Service Medal.

2.  He was assigned to Battery C, 4th Battalion, 60th Artillery, in Vietnam during 2 May 1967 to 14 July 1967 and 17 July 1967 to 7 October 1967.  This unit was cited for award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during these periods.

3.  Headquarters, U.S. Army Vietnam, and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973.  Therefore, he is also entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for his period of assignment to Battery B, 1st Battalion, 44th Artillery.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

4.  While the available evidence is insufficient for awarding him 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/her Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

5.  It appears he met the regulatory requirements for the first award of the Army Good Conduct Medal based on a qualifying period of service from 19 November 1965 through 12 October 1967.  He received "excellent" conduct and efficiency ratings throughout his service, was promoted to SP4, and had no record of any disciplinary actions or a commander's disqualification during this period.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 (1st Award) for the period 19 November 1965 through 12 October 1967;

	b.  deleting the Vietnam Service Medal and "Rifle Badge M-14" from item 24 of his DD Form 214;

	c.  adding the Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) to item 24 of his DD Form 214.

2.  The Board further determined 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.



      _______ _   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)                                         AR20100028428



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ABCMR Record of Proceedings (cont)                                         AR20100028428



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