IN THE CASE OF:	  

		BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120012337 


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 award of the following:

* Purple Heart
* two Bronze Star Medals (BSM)
* Army Commendation Medal (ARCOM)
* Army Good Conduct Medal
* two Certificates of Appreciation

2.  He states his DD Form 214 does not reflect the medals awarded.

3.  He provides the following:

* General Orders Number 3340, dated 11 May 1969, with Purple Heart Certificate
* General Orders Number 3875, dated 21 May 1969, with BSM Certificate
* General Orders Number 11, dated 17 December 1970
* General Orders Number 1497, dated 8 February 1971, with ARCOM Certificate and Citation
* two Certificates of Appreciation, dated 1 May 1971 and undated
* BSM Certificate, dated 23 May 1971


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 13 September 1967.  After completion of basic combat and advanced individual training, he was awarded military occupational specialty 72B (Communications Center Specialist).

3.  He served two tours of duty in Vietnam from 22 April 1968 to 21 April 1969 and from 30 June 1970 to 27 April 1971.  During his service in Vietnam, he was assigned to the following units:

* 415th Radio Research Detachment, 11th Infantry Brigade, from 5 May to 30 November 1968
* 328th Radio Research Company, 313th Radio Research Battalion, from 1 December 1968 to 13 April 1969
* 328th Radio Research Company, 313th Radio Research Battalion, from 2 July 1970 to 27 April 1971

4.  Headquarters, U.S. Army Security Agency Training Center and School, Fort Devens, MA, Special Orders Number 187, dated 10 September 1969, show he qualified as Expert with the M-16 Rifle on 8 September 1969.

5.  He was honorably released from active duty on 1 May 1971.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)

6.  He provides orders, certificates, and/or citations as follows:

	a.  Headquarters, Americal Division, General Orders Number 3340, dated 11 May 1969, with Purple Heart Certificate, dated 28 May 1969, show he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 29 March 1969.

	b.  Headquarters, Americal Division, General Orders Number 3875, dated 21 May 1969, with BSM Certificate, dated 25 July 1969, show he was awarded the BSM with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 29 March 1969.

	c.  Headquarters, 313th Radio Research Battalion, General Orders Number 11, dated 17 December 1970, show he was awarded the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 September 1967 to 12 September 1970.

	d.  Headquarters, 23d Infantry Division, General Orders Number 1497, dated 8 February 1971, with ARCOM Certificate and Citation, dated 26 February 1971, show he was awarded the ARCOM for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam from 1 September to 31 December 1970.

	e.  A Department of the Army Certificate of Appreciation, dated 1 May 1971, shows he was recognized for his active service.

	f.  A Certificate of Appreciation bearing the seal of the President of the United States shows he was recognized for his service in the Armed Forces of the United States from 13 September 1967 to 1 May 1971.

	g.  A BSM Certificate, dated 23 May 1971, shows he was awarded the BSM for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from 1 July 1970 to 31 May 1971.  However, this certificate is not contained in his military personnel record.

7.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders were published authorizing him award of the BSM for the period 1 July 1970 to 31 May 1971.

8.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the BSM was awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the BSM was generally delegated no lower than brigadier generals in command of separate brigades.  However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the BSM for service was delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional).  An oak leaf cluster is authorized for wear for each additional award of the BSM.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the VSM for participation in each campaign.  A silver service star is worn instead of five bronze service stars.  Appendix B shows participation credit was awarded for the following campaigns coinciding with the applicant's service in Vietnam:

* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 415th Radio Research Detachment was cited for the Meritorious Unit Commendation by Department of the Army General Orders Number 28, dated 1969.  It also shows that during the period the applicant was assigned, the 328th Radio Research Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974.

11.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the BSM with "V" Device, Purple Heart, ARCOM, Army Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He provided a certificate for the award of the BSM for the period 1 July 1970 to 31 May 1971.  However, the certificate in and of itself is not sufficient evidence with which to add this award to his DD Form 214.  He provided no orders showing he was awarded the BSM for this period and no evidence was found in his service personnel record or in ADCARS.  Therefore, there is insufficient evidence to support adding a second BSM to his DD Form 214.

3.  The evidence of record shows he is authorized the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 
Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The evidence also shows he participated in six campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show one silver service star and one bronze service star to be worn on his VSM.

5.  The applicant requests correction of his DD Form 214 to add two Certificates of Appreciation.  The regulation governing preparation of separation documents does not allow for Certificates of Appreciation to be recorded on the DD Form 214.  Therefore, his request to add these certificates should be denied.

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.  deleting the VSM from his DD Form 214 and


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

* BSM with "V" Device
* Purple Heart
* ARCOM
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* VSM with one silver service star and one bronze service star
* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 a second award of the BSM and adding two Certificates of Appreciation to his DD Form 214.



      _____________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)                                         AR20120012337



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ABCMR Record of Proceedings (cont)                                         AR20120012337



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