IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110006666 


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 award of the Armed Forces Reserve Medal (AFRM), Army Good Conduct Medal (AGCM), and the Bronze Star Medal (BSM) and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 14 July 1969.

2.  He states that he served at the time when the AFRM and AGCM were available.  For award of the BSM, he served in Vietnam and was involved in battle as evidenced by the attached letter and information he submits.  

3.  He provides:

* 1968 DD Form 214
* Letter from his former company commander
* Information on battles in Vietnam from 18 March to 8 June 1969

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.  With respect to the BSM, based upon his application, the evidence of record, and accompanying supporting documents he has submitted, it does not appear that the applicant was recommended for or awarded the BSM.  

	a.  The governing law and regulations place 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 he was awarded the BSM by 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 the award of, 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.  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 BSM 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 BSM issue will not be discussed further in the Record of Proceedings. 

3.  His military records show he enlisted in the U. S. Army Reserve (USAR) on 21 March 1964.  He entered active duty for training (ADT) on 23 May 1964.  He was honorably released from ADT on 9 October 1964 and he was transferred to a Reserve unit. 

4.  He was ordered to active duty for 23 months and entered active duty on 24 April 1968.  He held military occupational specialty 55B (Ammunition Storage Chief).  He served in Vietnam from 19 October 1968 through 11 July 1969, during four campaigns.  He was assigned to 295th Ordnance Company.

5.  He was honorably released from active duty in pay grade E-6 on 14 July 1969 and he was transferred to the USAR Control Group (Standby).  He was credited with completion of 1 year, 2 months, and 29 days of active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of active duty service from April 1968 to July 1969.  There is no evidence of any disciplinary action during this period of service.  There also is no evidence of a commander's disqualification for the first award of the AGCM.

8.  He submitted a letter from his former company commander, wherein the individual stated that during the applicant’s assignment to the 295th Ordnance Company he led his men and continued to supply the units with outstanding professional skills, knowledge, and leadership.  He also submitted a copy of information on battles in Vietnam from 18 March to 30 April 1969.

9.  Army Regulation 600-8-22 (Military Awards) states the AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components for a period of 10 years.  Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code (USC), or, in the case of the U.S. Coast Guard Reserve, Section 712 of Title 14, USC.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A) (13) of Title 10, USC.  

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.

11.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 295th Ordnance, was cited for the  Meritorious Unit Commendation for the period 25 September 1968 through 5 August 1969, by Department of Army General Orders Number 39, dated 1970.

13.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant appears to have met the criteria for the first award of the AGCM during his period of active duty from 24 April 1968 through 14 July 1969; however, for unknown reasons he was not awarded this medal.  There is no evidence of record which shows he was disqualified for this award.  Therefore, he is entitled to the AGCM (1st Award) for the period 24 April 1968 through 14 July 1968 and correction of his DD Form 214 ending on 14 July 1969 to show this award.

2.  The evidence confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is also entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  General orders also entitled the applicant to wear of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, it would be appropriate to correct his records to show these unit awards on his DD Form 214.

4.  The evidence of record does not show he met the eligibility requirements for award of the AFRM.  Therefore, he is not entitled to this award and its addition to his DD Form 214.
5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 the applicant the Army Good Conduct Medal (1st Award) for the period 24 April 1968 through 14 July 1969; 

	b.  deleting from Item 24 of his DD Form 214 ending on 14 July 1969 the Vietnam Service Medal; and 

	c.  adding the following awards to Item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that 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 Armed Forces Reserve Medal and correction to his DD Form 214 to show this award.  


      _______ _   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)                                         AR20110006666



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ABCMR Record of Proceedings (cont)                                         AR20110006666



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