IN THE CASE OF:	  

		BOARD DATE:	  31 December 2013

		DOCKET NUMBER:  AR20130008268 


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 APPLICANTS 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 all awards to which he is entitled, specifically the following awards:

* Army Commendation Medal (ARCOM)
* Bronze Star Medal (BSM) with "V" Device

2.  He states neither the ARCOM nor the BSM are listed on his DD Form 214.  He adds he received the ARCOM during his outprocessing and the BSM with "V" Device was mailed to him at his home address.  Additionally, he states he received notification in March 2013 of his commendations, but they are not listed on his DD Form 214.

3.  He provides:

* DD Form 214
* Self-authored statement
* ARCOM certificate, citation, and orders
* National Personnel Record Center (NPRC) letter, dated 25 March 2013

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 6 December 1966.  He served in the Republic of Vietnam (RVN) from 31 August 1968 to 20 August 1969 and was assigned to Howitzer Battery, 1st Squadron, 11th Armored Cavalry Regiment.  He was honorably released from active duty on 25 August 1969 and credited with completing 2 years, 8 months, and 20 days of total active service.

3.  His DD Form 214 shows the following:  

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

4.  Headquarters, 1st Squadron, 11th Armored Cavalry Regiment, General Orders Number 38, dated 3 August 1969, contained in his official military personnel records, show he was awarded the Army Good Conduct Medal (AGCM) for the period 6 December 1966 to 30 August 1969.

5.  Headquarters, II Field Force, Vietnam, General Orders Number 2160, dated 27 August 1969, show he was awarded the ARCOM in the RVN for meritorious service during the period August 1968 to August 1969.

6.  His record is void of any evidence and/or orders that show he was awarded the BSM.

7.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the BSM pertaining to the applicant.

8.  He provided a letter from the NPRC, dated 25 March 2013, stating, in effect, that in addition to the awards listed on his DD Form 214, he was also authorized shipment of the AGCM.
9.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated the BSM may have been awarded for heroism, meritorious achievement, or meritorious 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  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.   His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)

11.  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 11th Armored Cavalry Regiment was cited for the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 50, dated 1971.  

DISCUSSION AND CONCLUSIONS:

1.  General orders verify he was awarded the AGCM (1st Award) and the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  His record to include ADCARS is void of any documents or orders indicating he was ever recommended for or awarded the BSM by proper authority during his active duty tenure.  By regulation, the BSM must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders.  Absent any evidence of record confirming award of the BSM, there is an insufficient evidentiary basis to support adding this award to his DD Form 214.

3.  Records show he participated in four campaigns during his service in the RVN that entitles him to four bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.
4.  The evidence of record also shows he is entitled to wear the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this 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. deleting from his DD Form 214 the VSM and

	b.  adding to his DD Form 214 the:

* ARCOM
* AGCM (1st Award)
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation

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 the BSM with "V" Device.  



      _______ _   _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)                                         AR20130008268





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ABCMR Record of Proceedings (cont)                                         AR20130008268



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