IN THE CASE OF:	  

		BOARD DATE:	  12 December 2013

		DOCKET NUMBER:  AR20130007656 


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, in effect, 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 (BSM) and two Army Commendation Medals (ARCOMs). He also implies that he wants these medals issued to him.

2.  The applicant states he received the award certificates for these awards after his discharge from active duty but never received the actual medals.

3.  The applicant provides copies of award certificates for the BSM and two ARCOMs.

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.  Personal decorations are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the ABCMR does request that those medals, ribbons, etcetera, approved by the ABCMR be sent to the applicant.  The applicant may obtain replacement of his other authorized and awarded medals by submitting a request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138. This issue will not be further addressed in this Record of Proceedings.

3.  Evidence of record and background information:

	a.  On 8 February 1966, the applicant enlisted in the Regular Army.  He completed his initial training to include the Basic Airborne Course and was awarded military occupational specialty 67N2P (Single Rotor Turbine Helicopter Repairman with parachutist qualification).

	b.  On 29 November 1966, the applicant was assigned to Company B, 101st Aviation Battalion, 101st Airborne Division, located at Fort Campbell, KY.

	c.  On 5 December 1967, the applicant went with his unit to the Republic of Vietnam (RVN).

	d.  On or about 17 May 1968, he departed the RVN for duty at Fort Campbell, KY.

4.  General Orders Number 93, 101st Airborne Division, dated 7 January 1969, announced the award of the BSM to the applicant for his meritorious service in the RVN.

5.  On 7 February 1969, the applicant was released from active duty.  He had attained the rank of specialist five, pay grade E-5 and had completed 3 years of creditable active duty service.

6.  The applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Aircraft Crewman Badge
* Air Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal

7.  A review of the applicant's military records failed to reveal any orders announcing award of the ARCOM.
8.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the ARCOM.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

9.  The applicant's DA Form 20 shows in Item 38 (Record of Assignments) that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Army Regulation 600-8-22 (Military Awards) states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

12.  Army Regulation 600-8-22 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.

13.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; and the Vietnam Counteroffensive, Phase IV.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the BSM and two ARCOMs.

2.  General orders show the applicant was awarded the BSM for meritorious service.  Therefore, this award should be shown on his DD Form 214.

3.  There are no available general orders showing the applicant was awarded the ARCOM.  Unfortunately, the certificates provided by the applicant are not sufficient evidence by themselves upon which to base a correction of his records.  Accordingly, these two ARCOMs should not be shown on his DD Form 214.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist five, receiving a personal decoration (BSM), and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show the applicant successfully completed the Basic Airborne Course and is therefore authorized the Parachutist Badge.  Accordingly, this badge should be shown on his DD Form 214.

6.  Records show that the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period     8 February 1966 to 7 February 1969;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and
	
	c.  showing, in addition to the awards already shown on his DD Form 214, that his awards include:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge

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 adding one or more Army Commendation Medals 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)                                         AR20130007656





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ABCMR Record of Proceedings (cont)                                         AR20130007656



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