IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120001889 


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 Army Good Conduct Medal (AGCM) (1st Award), an upgrade of at least one Army Commendation Medal (ARCOM) to the Bronze Star Medal (BSM), and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add all authorized awards

2.  He states an administrative oversight occurred at the battalion and/or brigade level(s) in which the awards were never listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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.  He enlisted in the Regular Army on 29 November 1968 for a period of 3 years.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade, in Vietnam from 10 May 1970 through 2 January 1971
* he was assigned to Company B, 23rd Medical Battalion, in Vietnam from 3 January to 2 April 1971 
* he received all "excellent" ratings in conduct and efficiency with the exception of "unknown" ratings during one period of training
* no lost time under Title 10, U.S. Code, section 972

4.  Headquarters, Americal Division, General Orders Number 13176, dated 30 September 1970, awarded him the ARCOM for meritorious achievement in connection with military operations against a hostile force during the period 1 June to 30 September 1970.

5.  His record is void of documentation showing he was recommended for or awarded the first award of the AGCM.  He has no record of nonjudicial punishment (NJP) or a court-martial conviction.

6.  He was honorably released from active duty on 1 September 1971.  His DD Form 214 indicates he was awarded or authorized the:

* ARCOM
* National Defense Service Medal 
* Vietnam Service Medal (VSM)
* Purple Heart
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* one overseas service bar 
* Combat Medical Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  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; for the 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  
8.  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 period of assignment in Vietnam:

* HHC, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade, was awarded the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972
* 23rd Medical Battalion, was awarded two Meritorious Unit Commendations (MUC) by Department of the Army General Orders Number 32, dated 1973

9.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  Two designated campaigns coincide with his period of service in Vietnam:

* Sanctuary Counteroffensive – 1 May-30 June 1970
* Vietnam Counteroffensive Phase VII – 1 July 1970-30 June 1971

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

	a.  A bronze service star will be worn on the VSM based on qualifying service for each campaign listed in appendix B.

	b.  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 in 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.

11.  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.

12.  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.  The evidence of record confirms he served honorably during the period 29 November 1968 through 1 September 1971.  He received all "excellent" conduct and efficiency ratings with the exception of "unknown" ratings during one period of training.  Based on his overall record of service, it would be appropriate to award him the AGCM (1st Award) and to correct his records to reflect this award.

2.  General orders awarded his units of assignment the RVN Gallantry Cross with Palm Unit Citation and two awards of the MUC.  Therefore, it would be appropriate to correct his records to show these unit awards.

3.  He was previously awarded the VSM.  His records show he participated in two campaigns while serving in Vietnam.  Therefore, he is authorized to wear two bronze service stars on his VSM.

4.  He was awarded the ARCOM for meritorious achievement in connection with military operations against a hostile force while serving in Vietnam.  There is insufficient evidence and the applicant has not provided a convincing argument to award him the BSM in lieu of the recognition he received.  While the available evidence is insufficient for awarding him a BSM, this in no way affects his 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.

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 him the AGCM (1st Award) for the period 29 November 1968 through 1 September 1971;

	b.  deleting award of the VSM from his DD Form 214; and

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

* AGCM (1st Award)
* VSM with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* MUC (2nd Award)

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 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)                                         AR20120001889



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ABCMR Record of Proceedings (cont)                                         AR20120001889



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