IN THE CASE OF:	  

		BOARD DATE:	      3 July 2012

		DOCKET NUMBER:  AR20110025112 


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 Bronze Star Medal (BSM) and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states:

* He thinks he should be awarded the BSM for the time he served as a platoon sergeant in Vietnam in 1969
* During the time he was assigned to the 1st Cavalry Division, all the platoon sergeants were awarded the BSM unless they got into disciplinary trouble
* He knows he would have been put in for the award if the company commander and the first sergeant were not severely wounded at exactly the same time he was
* His DD Form 214 (Armed Forces for the United States Report of Transfer or Discharge) was issued in 1969 before the Republic of Vietnam Gallantry Cross with Palm Unit Citation was retroactively awarded
* He was medically discharged

3.  The applicant provides:

* DD Form 214 for the period ending 28 November 1969
* Two letters of recommendation for the BSM from his company commander and first sergeant at the time in question
* Air Medal orders awarded to his first sergeant (it appears this is evidence to confirm he was in fact a first sergeant in Vietnam at the time in question)
* Orders for the Purple Heart
* Special orders, dated 15 November 1968

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 enlisted in the Regular Army on 20 November 1959 for a period of 3 years.  He trained as a heavy weapons infantryman and was honorably discharged on 13 August 1962 for immediate reenlistment.  He reenlisted on 14 August 1962 for a period of 3 years.  He was honorably discharged on 18 May 1965 for immediate reenlistment.  He reenlisted on 19 May 1965 for a period of 6 years.  He arrived in Vietnam on 13 January 1969.  He served as an infantryman assigned to Companies C and D, 5th Battalion, 7th Cavalry of the 1st Air Cavalry in Vietnam from 19 January 1969 until he was wounded in action on 23 June 1969 and transferred to Japan on 26 June 1969 for further medical treatment.  On 28 November 1969, he was permanently retired by reason of physical disability.      

3.  His DD Form 214 for the period ending 28 November 1969 shows the:

* National Defense Service Medal
* Army of Occupation Medal (Berlin)
* Good Conduct Medal (2nd Award)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar 

4.  There are no orders for the BSM in the available records.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show entitlement to the BSM.

6.  He provided a letter of recommendation for the BSM, dated 13 November 2011, from his first sergeant at the time in question.  He states:

a.  The applicant was the weapons platoon sergeant.

   b.  The company commander was always telling him what a fine sergeant the applicant was and he had complete trust in him.
   
   c.  The applicant was the best weapons platoon sergeant he had seen.
   
   d.  He was assigned stateside in June 1969 and within a week after his reassignment the applicant and company commander were wounded and evacuated.
   
   e.  Had he still been there he would have recommended the award for the applicant. 	

7.  He also provided a letter of recommendation for the BSM, dated 10 December 2011, from his company commander at the time in question.  He states:

	a.  The applicant should be awarded the BSM for his outstanding performance during the period January 1969 to June 1969.

	b.  He witnessed the applicant's total dedication to both mission performance and the morale and welfare of his men.

	c.  His technical expertise and outstanding professionalism enabled him to simultaneously fill the positions of both platoon sergeant and platoon leaders, providing effective close fire support in exemplary fashion during search and destroy operations.

   d.  Since he and the applicant, along with several others in the company, were wounded in action on 23 June 1969 and evacuated, he was unaware until recently that this much deserved award was not processed.
   
e.  He strongly recommends this award be approved.    

8.  Orders, dated 29 November 1968, show he received the Army Commendation Medal (ARCOM). 

9.  Records show he participated in three campaigns during his assignment in Vietnam.

10.  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 5th Battalion, 7th Cavalry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders (DAGO) 59, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 by DAGO 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 42, dated 1972

11.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.
unit awards

12.  Army Regulation 600-8-22 (Military Awards) states 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 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.  

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.   

14.  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.

15.  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, 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.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the BSM prior to being permanently retired on 28 November 1969.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

2.  While the available evidence is insufficient for awarding the applicant the BSM, this in no way affects the applicant’s right to pursue his claim for the BSM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  Orders show he received the ARCOM.  His DD Form 214 for the period ending 28 November 1969 should be corrected to show this medal. 

4.  He participated in three campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  His DD Form 214 for the period ending 28 November 1969 should be corrected to show this award.

5.  His unit in Vietnam unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  His DD Form 214 for the period ending 28 November 1969 should be corrected to show this unit award.

6.  His unit was also cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned.  Although he is entitled to wear only one of these awards, his DD Form 214 for the period ending 
28 November 1969 should be corrected to show both unit awards.

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 adding the ARCOM, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214 for the period ending 28 November 1969.

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 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)                                         AR20110025112





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110025112



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1