IN THE CASE OF:	  

		BOARD DATE:  10 July 2012

		DOCKET NUMBER:  AR20110025135 


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 (Report of Separation from Active Duty) to show all of the awards he may be entitled to receive including the Bronze Star Medal with "V" Device, Army Commendation Medal, Korea Defense Service Medal, and Silver Star.

2.  He states:

   a.  His DD Form 214 should include all of his awards and decorations as enumerated in the letter from the National Personnel Records Center.
   
   b.  His previously-awarded Bronze Star Medal should include the "V" Device as indicated by the performance of duties on his DA Form 67-5 (U.S. Army Officer Efficiency Report).
   
   c.  He has always regarded the Combat Infantryman Badge as a testament of his participation in ground operations against the enemy in Vietnam and he has worn it with pride.
   
   d.  He was the Assistant Subsector Advisor for the entire tour in Vietnam; he participated in about 50 different operations and during many the Regional Force or Popular Force unit he was advising came into contact with the enemy and a firefight erupted.
   
   e.  He was not only exposed to enemy fire he was also exposed to potential illness due to insect-borne disease.  
	f.  The Sector Advisor told him he was recommending him for the Silver Star, but he never heard anything further about this award.  

3.  He provides:

* Two letters from the National Personnel Records Center
* DD Form 214
* DA Form 67-5

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 was appointed as a commissioned officer on 5 June 1963 with a concurrent call to active duty.  He arrived in Vietnam on 20 August 1965.

3.  Headquarters, U.S. Military Assistance Command, Vietnam General Orders Number 1220, dated 20 August 1966, indicates he was awarded the Bronze Star Medal for meritorious service from September 1965 to August 1966.

4.  He provided a copy of his DA Form 67-5 for the period ending 25 July 1966 which included comments, such as "Capt [the applicant] has accompanied units on 50 operations and has superbly aided in the planning and execution of these operations" and "On combat operations…he skillfully employed support elements…even under the most intense enemy fire."  

5.  He departed Vietnam on 26 July 1966.

6.  He served in Korea from 30 August 1973 to 27 August 1974.  

7.  Permanent Orders 3-1, dated 28 February 1978, indicate he was awarded the Army Commendation Medal for meritorious service from 7 October 1974 to 27 February 1978.  
8.  His service record does not contain orders that show he was awarded the Bronze Star Medal with "V" Device.  

9.  He was honorably discharged on 1 March 1978.  His DD Form 214 shows award of the:

* Ranger Tab
* Vietnam Service Medal with three bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Armed Forces Expeditionary Medal
* Parachutist Badge
* Combat Infantryman Badge
* Two Overseas Service Bars 
* Bronze Star Medal

10.  He provided a letter, dated 31 March 2008, from the National Personnel Records Center, which indicates he was authorized shipment of the Bronze Star Medal, Army Commendation Medal, National Defense Service Medal, Armed Forces Expeditionary Medal, Vietnam Service Medal with three bronze service stars, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Parachutist Badge (Basic), Ranger Tab, and Korea Defense Service Medal.  

11.  A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal with "V" Device or Silver Star pertaining to the applicant.

12.  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. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.  

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
   b.  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.  

	c.  The Bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, Air Medal, and Bronze Star Medal.  

	d.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.)

14.  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.

15.  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 show the applicant was awarded the Bronze Star Medal and this decoration is listed on his DD Form 214.  



2.  The applicant's contentions regarding his participation in ground operations against the enemy in Vietnam are acknowledged.  However, his service record is void of evidence and he has not provided evidence which shows he was recommended for or awarded the Bronze Star Medal with "V" Device.   

3.  The applicant also contends he was told he would be recommended for award of the Silver Star.  However, his service record is void of evidence and he has not provided any evidence that shows he was recommended for or awarded the Silver Star.  

4.  A review of ADCARS failed to reveal any orders for award of any Bronze Star Medal with "V" Device or Silver Star pertaining to the applicant.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

5.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal with "V" Device and Silver Star, 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.  Permanent orders show he was awarded the Army Commendation Medal.  Therefore, this award should be added to his DD Form 214.

7.  The evidence of record shows the applicant served in Korea from 30 August 1973 to 27 August 1974.  Based on his service in Korea, he is entitled to award of the Korea Defense Service Medal and correction of his DD Form 214 to show this award.

8.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  Therefore, his DD Form 214 should be amended to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 amending his DD Form 214 to add the Army Commendation Medal, Korea Defense Service Medal, and 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 Bronze Star Medal with "V" Device and Silver Star.  




      _______ _   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)                                         AR20110025135



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ABCMR Record of Proceedings (cont)                                         AR20110025135



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