IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110012208 


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 the Army Commendation Medal.  He also requests award of the:

* Bronze Star Medal
* Air Medal
* North Atlantic Treaty Organization (NATO) Medal
* Combat Action Badge
* Army Good Conduct Medal
* Overseas Service Ribbon
* Cold War Recognition Certificate

He further requests issuance of the medal set for the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states:

	a.  he was recommended for the Bronze Star Medal for actions while escorting a convoy in December 1969;

	b.  he qualifies for the Air Medal for service with the Military Assistance Command, Vietnam (MACV) and on special forces bases.  He made numerous flights into hostile areas and received enemy fire on several occasions;

	c.  he participated in Operation Reforger II, a NATO exercise that moved the 1st Infantry Division from Fort Riley, KS to Germany and back;

	d.  he was awarded the Army Commendation Medal but it is not on his records;

	e.  he was awarded but not presented the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	f.  he is entitled to the Combat Action Badge because he was attached to the 1st Infantry in "Lai Khe" and went through numerous rocket and mortar attacks along with several wire and sapper probes;

	g.  he was never awarded the National Defense Service Medal;

	h.  he served a tour in Germany and qualifies for the Overseas Service Ribbon; and

	i.  he qualifies for the Cold War Recognition Certificate.

3.  The applicant provides:

* a self-authored two-page narrative
* his DD Form 214
* orders for the Army Commendation Medal
* his DA Form 20 (Enlisted Qualification Record)
* promotion and reassignment orders
* photocopies of 18 pictures

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 requested issuance of the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These medals are no longer issued by the Department of the Army.  However, they may be purchased if desired from civilian dealers in military insignia and some Army exchanges.  Therefore, the portion of the applicant's request pertaining to issuance of these awards will not be discussed further in these Proceedings.

3.  The applicant also requested award of the Cold War Recognition Certificate.  The award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act (NDAA), the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to:  Commander, U.S. Army Human Resources Command, Cold War Recognition Program, ATTN: AHRC-CWRS,
1600 Spearhead Division Avenue, Fort Knox, KY 40122.  Therefore, this portion of the applicant's request will also not be discussed further in these Proceedings.

4.  The applicant enlisted in the Regular Army on 20 May 1968 for a period of
3 years.  He completed training and he was awarded military occupational specialty 45B (Small Arms Repairman).

5.  General Orders Number 898, issued by Headquarters, U.S. Army Support Command, Saigon, dated 28 June 1970, awarded him the Army Commendation Medal for meritorious service during the period July 1969 to July 1970.

6.  His DA Form 20 shows in:

	a.  item 31 (Foreign Service) he served in Germany from 29 November 1968 to 21 May 1969 and in Vietnam from 5 July 1969 to 4 July 1970;

	b.  item 38 (Record of Assignments) he was assigned to:

* the 576th Ordnance Company, Vietnam, from 9 July 1969 through
9 February 1970
* the 51st Light Maintenance Company, Vietnam, from 10 February 1970 through 4 July 1970

	c.  item 38 also shows he received all "excellent" conduct and efficiency ratings during all of his active duty assignments.

7.  His official military personnel file (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

8.  There are no orders or any other documentation in his OMPF indicating he was awarded or recommended for award of the Bronze Star Medal or the Air Medal.  There were also no flight records pertaining to the applicant available for review.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal or Air Medal pertaining to the applicant.

10.  On 15 March 1971, he was honorably released from active duty by reason of early release to attend school.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He attained the rank/grade of specialist five (SP5)/E-5 during his period of service.  He completed 2 years, 9 months, and 26 days of total active service.  Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* three overseas service bars

11.  He provided a self-authored two-page narrative in which he provides his testimony of combat experiences while in Vietnam.  He also provided promotion and reassignment orders and photocopies of 18 pictures.  These documents do not indicate that he was recommended for or awarded the Bronze Star Medal or the Air Medal.
12.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the Bronze Star Medal 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 n 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 Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	c.  the NATO Medal was authorized by the NATO Secretary-General for specific NATO operations.  The Secretary of Defense may approve acceptance and wear by U.S. service members who meet the criteria specified by the Secretary-General of NATO.  The following missions/operations have been approved by the Secretary of Defense for acceptance and wear of the NATO Medal:

* Operations related to the former Republic of Yugoslavia (14 November 1995 to a date to be determined)
* Operations related to Kosovo (13 October 1998 to a date to be determined)
* Operation Eagle Assist (12 October 2001 to 16 May 2002)
* Operation Active Endeavor (26 October 2001 to a date to be determined)
* International Security Assistance Force in Afghanistan (1 June 2003 to a date to be determined)
* Operations in the Balkans (1 January 2003 to a date to be determined)

	d.  award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

	e.  the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	f.  a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970) 
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that during his assignment to the
576th Ordnance Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 September 1969 through 30 September 1970 by Department of the Army General Orders Number 50, dated 1971.

15.  Title 10 of the 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.  General orders awarded him the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his active duty assignments.  His OMPF is also void of derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 20 May 1968 through 15 March 1971 and to correct his DD Form 214 to show this award.

3.  Records show he participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  There is no evidence showing he was recommended for or awarded the Bronze Star Medal or the Air Medal.  There are no flight records available to confirm his entitlement to the Air Medal.  In the absence of such evidence, the promotion and reassignment orders and the pictures provided are insufficient evidence on which to base awarding him these awards.  While the available evidence is insufficient for awarding him the Bronze Star Medal and the Air Medal, this in no way affects his right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

6.  There is no evidence showing he served in any mission or operation that has been approved by the Secretary of Defense for acceptance and wear of the NATO Medal.  Therefore, there is no basis for granting this portion of his request.

7.  The Combat Action Badge was established in 2001.  Retroactive award of the Combat Action Badge is not authorized prior to 18 September 2001.  The applicant was released from active duty in 1971.  As such, he did not serve a period of qualifying service for either of these awards.  Therefore, there is no basis for granting this portion of his request.

8.  The Overseas Service Ribbon was established in 1981.  Retroactive awards of the Overseas Service Ribbon may be awarded to personnel who completed a normal overseas tour before 1 August 1981 provided they had an active Army status on or after 1 August 1981.  The applicant was released from active duty in 1971 and there is no evidence of any further active service on or after 1 August 1981.  Therefore, there is no basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  _____x__  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal for the period 20 May 1968 through 15 March 1971; and

	c.  adding to item 24 of his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* 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 NATO Medal, Combat Action Badge, and Overseas Service Ribbon.



      ____________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)                                         AR20110012208



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ABCMR Record of Proceedings (cont)                                         AR20110012208



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