IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110005258 


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 award of the Bronze Star Medal (BSM), Air Medal (AM), Army Good Conduct Medal (AGCM), and Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states he was recommended for award of the BSM, but he was not presented with it.

3.  The applicant provides copies of his DA Form 137 (Installation Clearance Record), orders and certificate for the 2nd through 21st AM, orders for award of the Expert Marksmanship Qualification Badge with Rifle Bar, and orders for award of the AGCM.

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.  Evidence of Record and Background Information.

	a.  On 31 May 1967, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 67N (Single Rotor Turbine Helicopter Mechanic).

	b.  On 2 November 1967, the applicant departed Fort Rucker, Alabama, for duty in the Republic of Vietnam (RVN).

	c.  On 7 December 1967, the applicant was assigned to Company C, 229th Aviation Battalion, 1st Cavalry Division (Airmobile), located in the RVN.

	d.  On 2 December 1968, the applicant departed the RVN for duty at Fort Hood, Texas.

	e.  On 28 May 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He attained the rank of specialist five/pay grade E-5 and completed 2 years, 11 months, and 28 days of creditable active duty service.

	f.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* RVN Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Vietnam Service Medal with one silver service star
* Air Crewman Badge
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar

	g.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as Sharpshooter with the M-14 rifle on 20 July 1967 and as Expert with the M-16 rifle on 2 November 1969.

3.  Available Award Orders.

	a.  General Orders Number 5076, 1st Cavalry Division, dated 18 June 1968, awarded him the AM for meritorious achievement for March 1968.

	b.  General Orders Number 1066, 1st Cavalry Division, dated 26 January 1969, awarded him the 1st through 20th Oak Leaf Cluster for the AM for the period 24 March through 7 November 1968.

	c.  Special Orders Number 76, Fort Hood, Texas, dated 6 November 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

	d.  General Orders Number 36, Fort Hood, Texas, dated 1 May 1970, awarded him the AGCM for the period 31 May 1967 to on or about 30 May 1970.

4.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the BSM.  ADCARS is 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.

5.  A DA Form 137, dated 27 November 1968, provided by the applicant indicates he cleared his unit in the RVN on 27 November 1968.  The remarks section of this form indicates he had been recommended for award of the BSM for meritorious service and he had not been presented with this award.

6.  Army Regulation 600-8-22 states:

	a.  The BSM 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.

	b.  The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified.  The rifle bar is furnished to denote qualification with either the M-14 or M-16 rifle.  Award of marksmanship qualification badges is not permanent.  Previous qualifications are revoked automatically whenever an individual attains a newer qualifying or non-qualifying score.

7.  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.

8.  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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the 229th Aviation Battalion was cited in Department of the Army General Orders (DAGO) Number 59, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time of the applicant's assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the BSM, AM, AGCM, and Expert Marksmanship Qualification Badge with Rifle Bar.

2.  The available evidence indicates the applicant had been recommended for award of the BSM.  However, there is no available evidence showing the recommendation had been approved.  Furthermore, there are no available general orders showing he was awarded the BSM.  Should he have or be able to obtain a copy of the orders awarding him the BSM or be able to provide other evidence to corroborate this award, he may submit another application for consideration.

3.  The available evidence is insufficient for awarding the applicant the BSM.  However, if in fact the applicant does not have evidence to corroborate his contention that he was awarded the BSM, this in no way affects his right to 


pursue his claim for the award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  General orders clearly show the applicant was awarded the AM (21st Award).  Therefore, this award should be shown on his DD Form 214.

5.  Special orders clearly show the applicant was awarded the AGCM.  Therefore, this award should be shown on his DD Form 214.

6.  The available evidence shows the applicant's latest qualifications with the 
M-14 and M-16 rifles were both Expert.  Therefore, his DD Form 214 should be corrected to show this qualification by removing the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  His DD Form 214 already shows an Expert Marksmanship Qualification Badge with Rifle Bar.

7.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during a period of time he was assigned to the unit.  This award should be added to his DD Form 214.

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.  deleting the Sharpshooter Marksmanship Qualification Badge with Rifle Bar from his DD Form 214 and

	b.  adding the AM (21st Award), AGCM, and RVN Gallantry Cross with Palm Unit Citation to 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 pertains to award of the BSM.



      _____________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)                                         AR20110005258



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ABCMR Record of Proceedings (cont)                                         AR20110005258



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