IN THE CASE OF:	  

		BOARD DATE:  22 January 2013

		DOCKET NUMBER:  AR20120011526 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Meritorious Unit Commendation.  

2.  He also requests award of a commendation medal - presumably the Army Commendation Medal.

3.  The applicant states he believes the Meritorious Unit Commendation should be added to his DD Form 214.  He also believes he should be awarded an Army Commendation Medal.

4.  The applicant provides:

* DD Form 214
* Headquarters, U.S. Army Vietnam (USARV) General Orders (GO) Number 4149 with a citation
* Other pertinent information in support of the recommendation for the award

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's records show he was inducted into the Army of the United States on 19 October 1966 and he held military occupational specialty 64B (Heavy Vehicle Driver).  

3.  Special Orders (SO) Number 331, issued by Headquarters, U.S. Army Training Center, Air Defense, Fort Bliss, TX, on 4 December 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He served in Vietnam from on or about 29 March 1967 to 21 March 1968.  He was assigned to the:

* 515th Transportation Company from 2 April to 15 July 1967
* 442nd Transportation Company from 16 July 1967 to 21 March 1968

5.  SO Number 90, issued by Headquarters, 24th Artillery Group, Coventry, Rhode Island, on 13 May 1968 awarded him the Marksman Marksmanship Qualification Badge with Carbine Bar.

6.  GO Number 4149, issued by Headquarters, USARV on 28 August 1968 awarded the 442nd Transportation Company the Meritorious Unit Commendation for meritorious service from 23 December 1966 to 30 December 1967.

7.  His records do not contain official orders awarding him the Army Commendation Medal.  

8.  He was honorably released from active duty on 18 October 1968 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  The DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Good Conduct Medal
* one overseas service bar

9.   Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 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 his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase II, 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states 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, USARV and its subordinate units, during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states 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.

13.  Section 1130 of the United States Code (Title 10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10 USC 1130, a member must submit a DA Form 638 (Recommendation for Award), a copy of which is enclosed.  
The DA Form 638 should clearly identify the member's unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which the member is requesting recognition must accompany the DA Form 638.  In addition, the award request 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 (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	a.  Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.   Therefore, the member must submit his or her request through a Member of Congress who will send it to the United States Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	b.  If the applicant chooses to pursue the award(s) requested by submitting a request under the provisions of Title 10 USC 1130, and his request is subsequently denied by the United States Army Human Resources Command, he may reapply to the ABCMR.  

DISCUSSION AND CONCLUSIONS:

1.  GO awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Neither of these unit awards is shown on his DD Form 214.  Therefore, he is entitled to correction of his record DD Form 214 to show these unit awards.

2.  SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Carbine Bar.  Neither of these badges is shown on his DD Form 214.  Therefore, he is entitled to correction of his record DD Form 214 to show these badges.  

3.  The applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  The applicant served in Vietnam from March 1967 to March 1968.  This period of service qualifies him for two overseas service bars.  Therefore, his DD Form 214 should be corrected accordingly.  

5.  There is no evidence in the available records that show the applicant was recommended or awarded a commendation medal (Army Commendation Medal). The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Army Commendation Medal).  In the absence of orders or other corroborating documents, there is an insufficient evidentiary basis for granting the applicant's requested relief.

6.  Nevertheless, while the available evidence is insufficient for awarding the applicant an Army Commendation Medal, this in no way affects his right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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:

* deleting from his DD Form 214 the Vietnam Service Medal and one overseas service bar
* adding to his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Carbine Bar
* two overseas service bars

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 the Army Commendation Medal.



      _______ _  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)                                         AR20120011526



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120011526



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1