IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110012357 


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, the widow of a deceased former service member (FSM), requests, in effect, her late husband be awarded the Army Commendation Medal and the Army Good Conduct Medal.  She further requests correction of his record to include the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* appropriate bronze service stars for each campaign
* two overseas service bars
* the 101st Airborne Division combat patch
* any other unit awards

2.  She also inquires about how to receive his pay and who to call for veterans benefits.

3.  The applicant states her late husband served in the Army from September 1967 to May 1969 with 1 year in Vietnam.  He was in an Agent Orange area, he had the syndrome, and no one gave him help.

4.  The applicant provides her Bureau of Indian Affairs Marriage Card and the FSM's Certificate of Death.

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 Army Commendation Medal, based upon her application, the evidence of record, and accompanying supporting documents that she submitted, it does not appear the FSM was recommended for or awarded the Army Commendation Medal.

	a.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

	b.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command (USAHRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards 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 knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	c.  If the applicant chooses to pursue the award of the Army Commendation Medal by submitting a request under the provisions of Title 10, U.S. Code, section 1130, and the request is subsequently denied by USAHRC, she may reapply to this Board with a copy of USAHRC's response.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The FSM was inducted into the Army of the United States on 28 September 1967.  He held military occupational specialty 62B (Engineer Equipment Maintenance).

4.  He served in the Republic of Vietnam from 14 April 1968 to 5 May 1969.  He was assigned to the 136th Light Equipment Maintenance Company.  

5.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 5 May 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* one overseas service bar

6.  A review of the FSM's service record shows no derogatory information or a commander's disqualification that would have precluded the FSM being awarded the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of the FSM's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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 the FSM's service in Vietnam, he participated in the following four campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)

9.  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 the 136th Maintenance Company, the unit to which the FSM was assigned, was not cited for any unit specific awards during his period of assignment.

10.  Department of the Army Pamphlet 672-3, paragraph 6d states that 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. Army Vietnam, and its subordinate units, during the period
20 July 1965 to 28 March 1973.

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar and the sleeve insignia for former wartime service.

	a.  A bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

	b.  It governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch."  In pertinent 

part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  It further states that authorization applies to members of the Army who served in Vietnam.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records.

DISCUSSION AND CONCLUSIONS:

1.  The FSM served honorably from 28 September 1967 through 5 May 1969.  He completed a combat tour in Vietnam, attained the rank/grade of SP5/E-5, and he received "excellent" efficiency and conduct ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified the FSM from receiving the first award of the Army Good Conduct Medal, it would be appropriate to posthumously award the FSM the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

2.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the FSM's service in Vietnam.  Therefore, the FSM's DD Form 214 should be corrected to show this unit award.

3.  Evidence shows the FSM participated in four campaign phases during his service in Vietnam.  Therefore, the FSM is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of the FSM's DD Form 214 to show these bronze service stars.

4.  The FSM completed 1 year and 22 days of foreign service in Vietnam.  The FSM qualified for two overseas service bars; however, his DD Form 214 only shows one overseas service bar.  Therefore, the FSM's DD Form 214 should be corrected to show two overseas service bars.

5.  With respect to the combat patch, the FSM’s shoulder sleeve insignia – former wartime service is an item of clothing wear and not an award or decoration; therefore, it is not authorized for entry on the DD Form 214 or any other place in the FSM's military records.  

6.  With respect to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, there is no evidence that the FSM's unit in Vietnam was awarded this unit award.  Therefore, there is no basis for granting this portion of the applicant's request.

7.  With respect to pay and allowances, the applicant did not specify the type of pay she claims or show evidence of the FSM's entitlement to such pay.  Therefore, there is no correction to be made on this issue.

8.  With respect to veterans benefits, the granting of such benefits is not within the purview of the ABCMR and any questions regarding eligibility for health care and other benefits should be addressed to the Department of Veterans Affairs and/or the applicant's state officials regarding veterans benefits.

9.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.

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 from item 24 of the FSM's DD Form 214 the Vietnam Service Medal and one overseas service bar;

	b.  posthumously awarding the FSM the Army Good Conduct Medal (1st Award) for the period 28 September 1967 through 5 May 1968; and

	c.  adding to item 24 to the FSM's DD Form 214 the:

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

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 Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the combat patch, and service pay.



      ___________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)                                         AR20110012357



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ABCMR Record of Proceedings (cont)                                         AR20110012357



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