BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120021728 


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 Bronze Star Medal and the Vietnam Service Medal.

2.  The applicant states he served in the Republic of Vietnam (RVN) in 1968 and 1969 and he was awarded the Bronze Star Medal but it was lost. 

3.  The applicant provides no additional documentary evidence in support of his application.

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 inducted into the U.S. Army on 1 December 1965.  
3.  A DD Form 214 shows the applicant was honorably discharged on
30 January 1967 to accept a commission.  He completed 1 year and 
2 months of net active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar
* Army Good Conduct Medal (1st Award)

4.  The applicant was appointed as a Reserve commissioned officer on
31 January 1967 and ordered to active duty.  He was awarded specialty 1193 (Field Artillery) and promoted to first lieutenant on 31 January 1968.

5.  The applicant's DA Form 66 (Officer Qualification Record) shows in:

   a.  item 17 (Foreign Service):  RVN from 26 January 1968 through
18 January 1969;

   b.  item 18 (Record of Assignments):  Battery A, 4th Battalion, 60th Artillery, from 3 February 1968 through 16 January 1969;

   c.  item 21 (Awards and Decorations):

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal
* RVN Campaign Medal
* two Overseas Service Bars

6.  A review of the applicant's military personnel records revealed a Recommendation for Decoration for Valor or Merit with a Citation that shows, on
7 November 1968, the applicant's commander recommended him for award of the Bronze Star Medal for meritorious service in the RVN from January 1968 to January 1969.  The battalion commander recommended approval of the award on 15 November 1968.  Further review failed to reveal any evidence that the award recommendation was acted upon by the award approval authority or that orders were published awarding him the Bronze Star Medal.

7.  A DD Form 214 shows the applicant was honorably released from active duty on 19 January 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.
   a.  He completed 1 year, 11 months, and 19 days of net active service this period; 1 year and 2 months of other service; 3 years, 1 month, and 19 days of total active service; and 11 months and 23 days of foreign service.

   b.  Item 24 shows he was awarded the National Defense Service Medal.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 individual award orders pertaining to the applicant.

9.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his 19 January 1969 
DD Form 214.

10.  Orders issued by Headquarters, U.S. Army Artillery and Missile School Command, Fort Sill, OK, show the applicant was awarded the following badges:

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar by Special Orders Number 215, dated 29 September 1967
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar by Special Orders Number 230, dated 18 October 1967

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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 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.  

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  One silver service star may be worn in lieu of five bronze service stars.

	c.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that participation credit was awarded for the following campaigns:
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* 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)

   d.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows at the time of the applicant's assignment to Battery A, 
4th Battalion, 60th Artillery, the battalion was awarded the:

* Meritorious Unit Commendation for the period 20 March 1967 to 
20 March 1968 by Department of the Army General Orders (DAGO) Number 1 (1969)
* Meritorious Unit Commendation for the period 1 April 1968 to 31 March 1969 by DAGO Number 39 (1970)
* RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by DAGO Number 54 (1974)

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for completing item 26 state to list all decorations, service medals, campaign medals, and badges awarded or authorized during the period covered, omitting authorities cited therein.

14.  Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon 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, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  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 applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal and Vietnam Service Medal.

2.  The evidence of record shows the applicant was recommended for award of the Bronze Star Medal for the period January 1968 to January 1969.  However, for reasons that are not clear, there is no evidence the award recommendation was processed to conclusion.  Specifically, there are no orders showing he was awarded the Bronze Star Medal.  Therefore, there is an insufficient evidentiary basis for correcting his DD Form 214 to show the award.

3.  While the available evidence is insufficient for correcting the applicant's records to show award of the Bronze Star Medal, this in no way affects his right to pursue his claim for the award by submitting his request through his Member of Congress under the provisions of 10 USC 1130.

4.  The evidence of record shows:

   a.  the applicant qualified for award of the Vietnam Service Medal and he participated in five campaigns during his service in Vietnam.  Thus, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal;
   
   b.  he qualified for award of the RVN Campaign Medal with Device (1960);

	c.  general orders awarded the applicant's unit the:

* Meritorious Unit Commendation (1st Oak Leaf Cluster)
* RVN Gallantry Cross with Palm Unit Citation

   d.  special orders awarded the applicant the:

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

5.  In view of the foregoing, it would be appropriate to correct the applicant's
19 January 1969 DD Form 214 to show his awards, as recommended below.

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 adding to his 19 January 1969 DD Form 214 the:

* Vietnam Service Medal with 1 silver service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation (1st Oak Leaf Cluster)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar

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.




      _______ _ 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)                                         AR20120021728



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ABCMR Record of Proceedings (cont)                                         AR20120021728



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