IN THE CASE OF:	  

		BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120022023 


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 Bronze Star Medal with “V” Device
* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all the awards he is entitled to and the issuance of a new DD Form 215 (Correction to DD Form 214)

2.  The applicant states:

   a.  He believes he should be considered for award of the Bronze Star Medal with “V” Device.  His platoon leader, Lieutenant (LT) Sxxxxx Qxxxx III, told him that he was putting him in for this award.  He finally located LT Qxxxx and reminded him.

   b.  It is possible that he deserves consideration for rescuing two men under heavy fire during a battle at Dragon Crater.  After he rescued LT Qxxxx and his radio telephone operator (RTO), LT Qxxxx deemed it worthy enough to tell him that he would put him for the medal.  LT Qxxxx was evacuated due to being shot three times and had other things on his mind and would not have known which Soldier pulled them out.  It was always on his mind and he finally decided to locate LT Qxxxx.  LT Qxxxx did remember and it seems worthy to them both.  

   c.  He served with Company B, 1st Battalion, 14th Infantry Regiment, 3rd Brigade, 25th Infantry Division, from 1966-1967 as an infantryman.  He is                                                                                                                                 writing to correct or make right a problem that started 46 years ago.  On 19 November 1966, while serving in Vietnam he rescued two fellow infantrymen when no one else would attempt to go into a hail of bullets.  This has been on his mind for long enough and he would like this to be resolved one way or another.  

   d.  His original DD Form 214 does not list all the awards he is entitled to.  He is providing a DD Form 215, dated 21 December 2012, as proof.  He was talking to some veterans he served with in combat with and was told he was missing some awards.

3.  The applicant provides:

* Company B, 1st Battalion, 14th Infantry Regiment, 3rd Brigade, 25th Infantry Division’s Casualty Roster
* DD Form 214
* DD Form 215
* Letter from the National Personnel Records Center (NPRC)
* DA Form 638 (Recommendation for Award), page 1
* Notarized justification for award of the Bronze Star Medal with "V" Device
* Three DA Forms 67-5 (U.S. Army Officer Efficiency Report)

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.  With respect to the Bronze Star Medal with "V" Device, based upon his application, the evidence of record, and the accompanying supporting documents he submits, it does not appear he was recommended for or awarded the Bronze Star Medal with "V" Device.

	a.  The governing law and regulations place time limitations on submission of award recommendations.  Absent any evidence of record or independent evidence provided by the applicant that shows he was recommended for or was awarded the Bronze Star Medal with "V" Device by proper award authority, his request exceeds these statutory and regulatory time limitations.

	b.  However, Title 10, U.S. Code, section 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 section 1130 of this title, he must submit a DA Form 638 (Recommendation for Award).  The DA Form 638 should clearly identify his unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which he is requesting recognition must accompany the DA Form 638.  In addition, his 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.

	c.  Title 10, U.S. Code, section 1130, also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, he must submit his request through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command (AHRC), ATTN:  SGS, 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.

	d.  If the applicant chooses to pursue the Bronze Star Medal with "V" Device by submitting a request under the provisions of section 1130 of this title and his request is subsequently denied by AHRC, he may reapply to the ABCMR.  Therefore, his request for the Bronze Star Medal with "V" Device will not be discussed further in this Record of Proceedings.

3.  The applicant was inducted into the Army of the United States on 9 March 1966.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

4.  He served in Vietnam from 12 September 1966 through 2 September 1967 during two campaigns.  He was assigned to Company B, 1st Battalion, 14th Infantry Regiment, 25th Infantry Division.

5.  The applicant provides a Casualty Roster for Company B, 1st Battalion, 14th Infantry, 25th Infantry Division, dated 19 November 1966, which lists his and LT Qxxxx’s names.

6.  He was honorably released from active duty in pay grade E-4 on 8 March 1968 and was transferred the U.S. Army Reserve.  He completed 2 years of net active service with no time lost.  His DD Form 214 lists the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal with one bronze service star
* Vietnam Campaign Medal
* Purple Heart

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his period of service.  There is also no evidence that his commander disqualified him for award of the Army Good Conduct Medal (1st Award).

8.  Item 41 (Awards and Decorations) of this form lists the:

* National Defense Service Medal
* Combat Infantryman Badge
* Purple Heart
* Vietnam Service Medal
* Vietnam Campaign Medal
* one overseas service bar
* Expert Marksmanship Qualification Badge with Rifle Bar

9.  The applicant also provides:

	a.  A DD Form 215 issued by National Archives and Records Administration on 21 December 2012 adding to his DD Form 214 the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Civil Actions First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Machine Gun Bar

	b.  A letter from the NPRC, dated 26 December 2012, which advised him of his entitlement to the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with 1960 Device
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Machine Gun Bar

   c.  A DA Form 638, page 1, showing the top portion completed by LT Qxxxx, recommending the applicant for award of the Bronze Star Medal with “V” Device, for service on 19 November 1966.

	d.  A notarized justification for award of the Bronze Star wherein LT Qxxxx stated:

		(1)  On 19 November 1966, he was the platoon leader of Company B, 1st Battalion, 14th Infantry Regiment, 25th Infantry Division.  In the morning, he and the battalion and company commanders moved out on patrol.  Just before noon, Company B moved past Company C which had stopped for chow, towards the bunker complex.  Shortly after, they began to take on heavy small armeds fire and grenades on their right flank.  There were many casualties in these first few minutes of contact with the enemy.

		(2)  He continued to move forward with his radio/telephone operator (RTO) and another Soldier.  His goal was to provide a concentrated crossfire in front of the company.  Not only was the enemy occupying the bunkers, they appeared to be everywhere, covering the approaches of the bunker complex.  As they continued firing and slowly crawling forward he sustained a gunshot wound to his left buttock which passed completely through with seemingly little physical detriment.  

		(3)  They continued moving forward and a few minutes later he was hit again just above the right knee.  Moments later his radio/telephone operator (RTO) was severely wounded.  After his RTO was hit, he attempted to pull him back to the line to obtain medical help.  After moving a short distance, he was hit again just below the right knee.  He was no longer able to either defend himself or provide help to his severely wounded RTO and no longer able to move to safety.  He began calling for help and the applicant became aware of their situation and his calls for a medic.  In the face of continuing small arms fire, the applicant crawled to their position and pulled him back to the line where a medic could help him.  The applicant could have stopped, but he didn’t stop.  He again risked his own life for a fellow Soldier and with incredible strength he was able to drag the RTO back to the medic.  At that time, he told the applicant he would recommend him for the Bronze Star Medal for these brave and selfless acts.  He was sent to a field hospital and them to a hospital in Japan.  That was 46 years ago.  It is never to late to recognize heroes.  

   e.  Three DA Form 67-5 pertaining to LT Qxxxx for periods between January 1966 to January 1967 which shows he served as battalion liaison officer at Fort Bragg, NC and with Headquarters and Headquarters Company, 1st Battalion, 14th Infantry Regiment, 25th Infantry Division in Vietnam.

10.  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.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant had "excellent" conduct and efficiency ratings throughout his period of service.  While in the Army, he attained the rank of E-4, served in Vietnam, and earned the Purple Heart and Combat Infantryman Badge.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 9 March 1966 through 8 March 1968 and to have it added to his DD Form 214.

2.  With respect to correction of his DD Form 214 to show all awards he is entitled to, the evidence shows he was issued a DD Form 215 in December 2012 listing all authorized awards which were not shown on his original DD Form 214.  The applicant was provided with a copy of this DD Form 215 by separate correspondence.  There is no evidence of record and he did not provide sufficient evidence of his entitlement to any other awards for his period of active duty except for the Army Good Conduct Medal.









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 awarding the applicant the Army Good Conduct Medal (1st Award) for the period 9 March 1966 through 8 March 1968 and adding this award to his DD Form 214.

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 any other awards and their addition 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)                                         AR20120022023





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