IN THE CASE OF:	  

		BOARD DATE:  8 November 2012

		DOCKET NUMBER:  AR20120006063 


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, in three applications, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Bronze Star Medal (BSM)
* Army Commendation Medal (ARCOM)
* Republic of Vietnam (RVN) Gallantry Cross with Palm (RVNGC)
* two Valorous Unit Awards (VUA)

2.  The applicant states:

	a.  he was awarded the ARCOM on 10 March 1970; however it is not recorded on his DD Form 214;

	b.  two days prior to leaving Vietnam, he was awarded the BSM containing the statement "orders to follow";

   c.  while he received the actual BSM, he never received the order; and

	d.  he recently learned that subsequent to his active duty service, his unit was authorized and awarded two VUAs and the RVNGC during his period of service with that unit.



3.  The applicant provides:

* ARCOM certificate
* three assignment orders
* DA Form 20 (Enlisted Qualification Record)
* three unit award orders

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.  During the period in question, the applicant's military record shows he initially enlisted in the Regular Army on 15 April 1968.  He was trained in and awarded military occupational specialty 31B (Field Radio Mechanic).

3.  His Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), includes Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, Special Orders Number 124, dated 6 June 1968. It shows the applicant qualified "sharpshooter" with the M-14 rifle.

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in RVN from 21 March 1969 through 20 March 1970.  Item 38 (Record of Assignments) shows he was assigned to Company E, 1st Battalion, 46th Infantry Regiment, 198th Infantry Brigade during his tour in the RVN.

5.  Item 38 of the DA Form 20 also shows the applicant received a "good" efficiency rating while in a training status at Fort Benning, Georgia.  However, he received all "excellent" conduct and efficiency ratings during the remainder of his active duty assignments.

6.  His AMHRR is void of any derogatory information or a unit commander's disqualification that would have precluded him from being recommended for an awarded the first award of the AGCM.
7.  Item 41 of the applicant's DA Form 20 does not list the BSM or ARCOM among his earned awards.  His AMHRR does not include any documents or orders to show he was ever recommended for or awarded the BSM or ARCOM.

8.  On 14 April 1971, the applicant was honorably released from active duty (REFRAD) and transferred to the USAR, having completed 3 years of creditable active service.  His DD Form 214 issued on 24 April 1971, shows he earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) with 4 bronze service stars
* RVN Campaign Medal with Device 1960
* Sharpshooter Marksmanship Qualification Badge
* two Overseas Service Bars

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 orders for the BSM, ARCOM or any other award pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.

   a.  Paragraph 3-14 contains guidance on award of the BSM and states it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   b.  Paragraph 3-17 of the awards regulation contains guidance on award of the ARCOM.  It states that the ARCOM is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.

11.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (1st Battalion, 4th Infantry Regiment, 198th Infantry Brigade) earned the RVNGC and a single VUA.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 issued on 14 April 1971 should be corrected to show the BSM, ARCOM, RVNGC, and two VUAs.  There is sufficient evidence to support awarding a portion of his claim.

2.  The evidence of record confirms that based on the applicant's service in the RVN, he is entitled to the RVNGC and one VUA.  Thus, it would be appropriate to add these awards to his DD Form 214.

3.  The evidence of record confirms the applicant received a "good" efficiency rating while in training.  All other ratings were "excellent" for both conduct and efficiency, throughout his active duty service.  In addition, his AMHRR is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate at this time to award him the Army Good conduct Medal (1st Award) for the period 15 April 1968 through 14 April 1971 and to correct his DD Form 214 to show this award.

4.  The evidence of record also confirms in official orders that the applicant qualified "sharpshooter" with the M-14 rifle.  His DD Form 214 currently lists this badge but does not identify the weapon used to obtain the qualification.  Accordingly, this separation document should now be corrected to appropriately identify the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  There are no general orders or any other documents on file in the applicant's AMHRR to show he was ever awarded or recommended for award of the BSM or ARCOM by the appropriate award authority.  Absent any official documents to substantiate his claim to these medals or the evidence he provides, there is an insufficient evidentiary basis upon which to grant this portion of the requested relief.
6.  The applicant's unit was authorized one VUA during his tenure in the RVN, as evidenced in Army Pamphlet 672-3.  Accordingly, there is no basis upon which to add a second VUA to the list of awards shown on his 14 April 1971.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X __  ____X___  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.  awarding him the Army Good Conduct Medal (1st Award) for the period
from 15 April 1968 through 14 April 1971;

   b.  deleting from item 24 of his DD Form 214 issued on 14 April 1971: "SPS QUAL BADGE";

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

* Army Good Conduct Medal
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

	d.  issuing to the applicant a correction to his DD Form 214 to reflect these awards.


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, Army Commendation Medal, and a second Valorous Unit Award.




      _______ _   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)                                         AR20120006063





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ABCMR Record of Proceedings (cont)                                         AR20120006063



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