IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20100030004 


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 (Report of Separation from Active Duty) to show award of the:

* Vietnam Service Medal
* Army Commendation Medal

2.  The applicant states he served in Vietnam and he was awarded these medals after he came back to Fort Bragg, NC.

3.  The applicant did not provide any evidence.

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's records show he enlisted in the Regular Army (RA) on 30 June 1970 and held military occupational specialty (MOS) 11H (Infantry Direct Fire Crewmember).

3.  He was honorably discharged on 29 March 1972 for the purpose of immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period shows the:

* National Defense Service Medal
* Parachutist Badge
* Expert Marksmanship Qualification Badge with TOW Missile Bar
* Expert Marksmanship Qualification Badge with Pistol (.45 Caliber) Bar
* Expert Marksmanship Qualification Badge with Mortar (90 mm) Bar
* Expert Marksmanship Qualification Badge with Mortar (106 mm) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  He reenlisted in the RA for 6 years on 30 March 1972 and held MOS 11B (Light Weapons Infantryman).  He served in Vietnam with Headquarters, 3rd Brigade, 1st Cavalry Division, from 1 to 25 May 1972.

5.  He was honorably discharged on 29 March 1978.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Infantryman Badge
* Army Good Conduct Medal

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) and item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) do not reflect award of the Army Commendation Medal or the Vietnam Service Medal.

7.  His records do not contain official orders awarding him the Army Commendation 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 U.S. Army Human Resources Command, failed to reveal any Army Commendation Medal orders for him.

9.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Additionally, appendix B shows that during his service in Vietnam campaign participation credit was awarded for the Vietnam Cease Fire campaign.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  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.

12.  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.

13.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served a qualifying period of service in Vietnam from 1 to 25 May 1972 for award of the Vietnam Service Medal.  Additionally, he participated in one campaign during his service in Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with one bronze service star and correction of his records to show this award.

2.  The evidence of record shows the applicant was previously awarded the Expert Marksmanship Qualification Badge with Missile (TOW), Pistol (.45 Caliber), Mortar (90 mm), and Mortar (106 mm) Bars which are not shown on his DD Form 214 for the period ending 29 March 1978.  Therefore, he is entitled to correction of this DD Form 214 to show these awards.

3.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 for the period ending 29 March 1978 should be corrected to show this unit award.

4.  With respect to the Army Commendation Medal, there is no evidence in his records and he did not provide substantiating evidence that shows he was recommended for or awarded the Army Commendation Medal.  The governing Army regulation states that for personal decorations (which include the Army Commendation Medal), formal recommendation, approval through the chain of command, and announcement of orders are required.

5.  Although he claims he was awarded this medal after his return from Vietnam, in the absence of official orders, there is insufficient evidence to correct his records to show the Army Commendation Medal.  Nevertheless, if the applicant believes he is entitled to this medal, he has the right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.





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 adding the following awards to his DD Form 214:

* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with TOW Missile Bar
* Expert Marksmanship Qualification Badge with Pistol (.45 Caliber) Bar
* Expert Marksmanship Qualification Badge with Mortar (90 mm) Bar
* Expert Marksmanship Qualification Badge with Mortar (106 mm) Bar

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 the Army Commendation 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)                                         AR20100030004



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ABCMR Record of Proceedings (cont)                                         AR20100030004



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