BOARD DATE:	 12 July 2011 

		DOCKET NUMBER:  AR20100030000 


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 record to show the Bronze Star Medal and any other service and campaign medals to which he is entitled.

2.  The applicant states he received a letter in approximately September/October 1968 requesting his presence in Arlington, Virginia, to receive his Bronze Star Medal.  Additionally, the applicant states he was given an option to receive the medal by mail.  The applicant elected the award by mail; however, he did not receive the medal or citation.

3.  The applicant provides a one-page self-authored letter and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 in the Regular Army on 2 November 1965.  He completed training and was awarded military occupational specialty 71N (transportation movement specialist).  He served in Vietnam from 15 September 1967 to 17 September 1968.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and one overseas service bar.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal among his authorized awards.

5.  There are no orders in the applicant's records awarding him the Bronze Star Medal.

6.  The applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings.  There is no derogatory information in his records.

7.  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.

8.  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.  

9.  A review of the applicant's records indicates entitlement to awards and decorations that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) shows that during the applicant's service in Vietnam, participation credit was awarded for the Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and the Vietnam Counteroffensive Phase V campaigns.  It also states that one bronze service star is worn on the Vietnam Service Medal for each campaign participation credit.

11.  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. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) confirms that during the applicant's tenure of assignment in the Republic of Vietnam, 124th Transportation Company was awarded the Meritorious Unit Commendation.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  

14.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

15.  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.

16.  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.  The applicant's request for correction of his record to show the Bronze Star Medal and any additional awards or campaign medals was carefully considered and there is sufficient evidence to grant partial relief.

2.  There was no recommendation, orders, citation, or approval for awarding the applicant the Bronze Star Medal located in the applicant's military records.  Therefore, it would be inappropriate to show he was awarded the Bronze Star Medal.

3.  While the available evidence is insufficient to show he was awarded the applicant a Bronze Star Medal.  However, if in fact he was not awarded it, 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 Title 10, U.S. Code, section 1130.

4.  The applicant is entitled to awards and decorations that are not shown on his DD Form 214.

5.  The applicant did not have any evidence of derogatory information in his military record or a disqualification from a unit commander that would have precluded him from receiving the AGCM.  He had consistently "excellent" conduct and efficiency ratings.  Therefore, it would be appropriate to award him the AGCM for his honorable active duty service.

6.  The evidence shows he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214.

7.  While the applicant was assigned to his unit, it was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

8.  The applicant's DD Form 214 shows he is authorized one overseas service bar.  However, he is entitled to wear two overseas service bars, and his DD Form 214 should be corrected accordingly.

9.  The applicant and all others concerned should know that this action related to the Bronze Star Medal in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 the following:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period     2 November 1965 through 7 September 1968 and

	b.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* four bronze service stars to be affixed to his previously-issued VSM
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two overseas service bars instead of the one now shown

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 adding the Bronze Star Medal to his records.



      ___________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)                                         AR20100030000



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ABCMR Record of Proceedings (cont)                                         AR20100030000



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