IN THE CASE OF:	  

		BOARD DATE:	   22 October 2013

		DOCKET NUMBER:  AR20130003374 


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:

* Distinguished Service Medal
* Soldier's Medal
* Army Commendation Medal
* American Defense Service Medal
* Armed Forces Service Medal
* Army Service Ribbon

2.  The applicant states he feels he is authorized these awards based on his military records, his service-connected disability, and his service in Vietnam.

3.  The applicant provides:

* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 18 July 1968 and 18 July 1972
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 28 January 1973
* DD Form 214 (Report of Separation from Active Duty) for the period ending 30 July 1976
* Two letters from the Department of Veterans Affairs (VA), dated 25 August 2008 and 26 December 2012
* 
VA Rating Decision, dated 23 August 2012
* VA Report of Disability Insurance Purposes of Treatment in a Hospital or from an Attending Physician
* Letter from the National Personnel Records Center (NPRC), dated
11 January 2013
* Disabled American Veterans membership card

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 (RA) on 19 January 1967.  He completed training and he was awarded military occupational specialty 63B (wheeled vehicle mechanic).  He served in Korea from 3 July 1967 through 4 December 1968.

3.  On 18 July 1968, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  On 19 July 1968, he reenlisted in the RA.  He served in Vietnam from 31 August 1970 through 30 August 1971.  He was honorably released from active duty on 18 July 1972 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  His DD Form 214 for this period of service shows he was awarded or authorized the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Service Medal
* 
Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  He enlisted in the Virginia Army National Guard on 9 September 1972 and was honorably discharged on 28 January 1973.  His NGB Form 22 does not list any awards.

6.  He again enlisted in the RA on 29 January 1973.  He was honorably discharged on 30 January 1976 at the completion of required active service.  His DD Form 214 for this period shows he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Armed Forces Expeditionary Medal

7.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in Item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  There are no orders in his records authorizing him award of the Distinguished Service Medal, Soldier's Medal, or the Army Commendation Medal.

9.  He provides a copy of a letter, dated 11 January 2013, wherein the NPRC authorized shipment of the following awards to him:

* Army Good Conduct Meal
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Service Medal with two bronze service stars
* 
Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Korea Defense Service Medal

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Distinguished Service Medal is awarded to any person who, while serving in any capacity with the U. S Army, has distinguished himself or herself by exceptionally meritorious service to the Government in a duty of great 
responsibility.  The performance must be such as to merit recognition for service which is clearly exceptional.  Exceptional performance of normal duty will not alone justify an award of this decoration.  For service not related to actual war, the term "duty of great responsibility" applies to a narrower range of positions than in time of war and requires evidence of conspicuously significant achievement.  However, justification of the award may accrue by virtue of exceptionally meritorious service in a succession of high positions of great importance.

	b.  The Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  The same degree of heroism is required as for award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy.  Award of the Soldier's Medal will not be made solely on the basis of having saved a life.

	c.  The Army Commendation Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The award is primarily intended for personnel on flying status, but will also be awarded to those personnel whose combat duties requires them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  All personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.

	e.  The American Defense Service Medal is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

	f.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992 participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days' duration) or 60 nonconsecutive days provided this support involves entering the area of eligibility or meet the following criteria:

* While participating as a regularly assigned aircrew member, accumulates 15 days service (consecutive/nonconsecutive flying sorties into, out of, within, or over the area in direct support of the military operations
* One day's service is credited for the first sortie flown on any day.  Additional sorties flown on the same day receive no further credit

	g.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after
1 August 1981.

11.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, ATTN:  SGS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards 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 knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  With regard to the award of the Distinguished Service Medal, Soldier's Medal, and Army Commendation Medal, there is no evidence of record and he provided insufficient evidence to show he was awarded these awards during any of his periods of service.  Pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for these awards.  

2.  While the available evidence is insufficient for awarding him the Distinguished Service Medal, Soldier's Medal, or the Army Commendation Medal, this in no way affects his right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.  A blank DA Form 638 if provided with these Proceedings.  This form is also available online at: http://armypubs.army.mil/eforms/pdf/A638.PDF.  A separate DA Form 638 is required for each individual recommended award.

3.  With regard to the addition of the American Defense Service Medal, Armed Forces Service Medal, and Army Service Ribbon, there is no evidence of record and he provided insufficient evidence to show he completed a qualifying period of service for any of awards.  Therefore, there is an insufficient evidentiary basis for granting this portion of the applicant's requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________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)                                         AR20130002560



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ABCMR Record of Proceedings (cont)                                         AR20130003374



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