IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110003323 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of the campaign ribbons and medals he is authorized to include the Bronze Star Medal.

2.  The applicant states he was put in for a Bronze Star Medal for a secret operation during the Cambodia invasion and he never received this award for this voluntary mission.

3.  The applicant provides his DD Form 214, a self-authored letter, and two pages of photographs.

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.  Based on the applicant's application, the documents that were submitted with the application, and the evidence in his record, it does not appear that the applicant was recommended for or awarded the Bronze Star Medal.  

	a.  The governing law and regulations placed time limitations on submission of award recommendations.  Absent any evidence of record or independent evidence provided by the applicant that shows he was recommended for or awarded the Bronze Star Medal by the proper award authority his request exceeds these statutory and regulatory time limitations.  

	b.  However, Section 1130 of the U.S. Code (10 USC 1130) allows the Service Secretary concerned to review a proposal for an award, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under 10 USC 1130, he must submit a DA Form 638 (Recommendation for Award).  The DA Form 638 should clearly identify his unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which he is requesting recognition must accompany the DA Form 638.  In addition, his award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.  

	c.  Title 10 USC, 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, he must submit his request through a Member of Congress to the Secretary of the Army at the following agency: U.S. Army Human Resources Command (USAHRC), ATTN: SGS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. 

	d.  If the applicant chooses to pursue the Bronze Star Medal by submitting a request under the provisions of 10 USC 1130, and his request is subsequently denied by USAHRC, he may reapply to the ABCMR.  Therefore, the Bronze Star Medal will not be discussed further in this Record of Proceedings. 

3.  The applicant's records show he enlisted in the Regular Army on 16 September 1968 and held military occupational specialty 05H (Morse Code Interceptor).  He served in Vietnam from 22 June 1969 to 16 June 1970 while assigned to the 335th Radio Research Company.

4.  He was honorably discharged on 7 March 1972 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed 3 years, 5 months, and 22 days of creditable active service.

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 with three bonze service stars, Republic of Vietnam Campaign Medal, Army Good Conduct Medal (1st Award), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Grenade Bar.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 335th Radio Research Company this unit was cited for award of the:

* Meritorious Unit Commendation for the period 1 October 1969 through 31 December 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1970 through 3 March 1977 by DAGO Number 6, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

General orders awarded the applicant's unit the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 the following awards:

* 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)                                         AR20110003323



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ABCMR Record of Proceedings (cont)                                         AR20110003323



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