IN THE CASE OF:	 

		BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130013747 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 30 January 2005 which was reissued on 5 November 2013 to add his missing medals and awards.

2.  He also requests award of the Silver Star and correction of his DD Form 214 to add the "V" Device to his Bronze Star Medal for meritorious achievement in Vietnam on 7 March 1969.

3.  In his original application and letter to the Board, dated 18 July 2013, the applicant states:

	a.  He received three awards of the Bronze Star Medal; however, one of the awards was for valor in action on 7 March 1969 and should show award of the "V" device.

	b.  He is certain he was recommended for award of the Silver Star, but he never received it.  It may have been disapproved at the time.

	c.  The U.S. Army Human Resources Command (HRC) attempted to update his DD Form 214 for the period ending 30 January 2005 twice by issuing DD Forms 215 (Correction to DD Form 214), but HRC added and deleted awards in error.  HRC reauthorized the five deleted awards in a memorandum, but did not issue another DD Form 215.



4.  In a supplemental letter to the Board, dated 6 December 2013, he states:

	a.  After he filed his original application to the Board, HRC attempted to correct his DD Form 214 for the period ending 30 January 2005 for a third time.  He states to disregard awards not specified in the current letter because the DD Form 214 reissued on 5 November 2013 corrected almost all of the awards.

	b.  The BSM he was awarded for the 1-day action (7 March 1969) should include the "V" device for valor.  His DD Form 214 should show the BSM (3rd Award) and "V" Device.  He would like a replacement BSM Certificate showing award of the "V" device for that BSM.  It would be unusual to be awarded a BSM for a 1-day period if not for valor.  He knows he received it as a valor award.

	c.  He believes he was recommended for award of the Silver Star for the same time period as his first award of the Purple Heart.

	d.  The reissued DD Form 214 shows award of the Overseas Service Ribbon (2nd Award).  He has orders for three awards.

	e.  The reissued DD Form 214 shows award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and should specify the weapon as M-14.  His DA Form 20 (Enlisted Qualification Record) shows two separate entries for this award.

	f.  The reissued DD Form 214 is missing award of the Expert Marksmanship Qualification Badge with Rifle (M-16) and Carbine (M-4) Bars.  The Expert Marksmanship Qualification Badge with Automatic Rifle, Pistol, and Grenade Bars is correct.

	g.  The reissued DD Form 214 shows one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, but he has two awards.  His DD Form 214 should show the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)

	h.  He should be authorized award of the Joint Meritorious Unit Award for his service in Afghanistan.

	i.  The reissued DD Form 214 omitted award of the Valorous Unit Award.

	j.  The reissued DD Form 214 shows one award of the Meritorious Unit Commendation, but he has three awards.  His DD Form 214 should show the Meritorious Unit Commendation (3rd Award).

5.  The applicant provides:

* DD Form 214 for the period ending 30 January 2005
* DD Forms 215 for the period ending 30 January 2005, dated 10 October 2012 and 21 November 2012
* DD Form 214 for the period ending 30 January 2005 reissued on 5 November 2013
* service personnel records

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 requested an upgrade of his Bronze Star Medal for meritorious achievement on 7 March 1969 in Vietnam to the Bronze Star Medal with "V" Device.  He was notified by letter that he had not exhausted all administrative remedies regarding upgrading his Bronze Star Medal.  He was advised to submit a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.  Therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 28 August 1967 for a period of 3 years.  His DA Form 20 shows he served as a recovery specialist in Vietnam assigned to:

* Headquarters and Headquarters Battery, 1st Battalion, 8th Artillery Regiment, from 7 May 1968 to 1 July 1968
* Headquarters and Headquarters Company (HHC), 2nd Battalion, 34th Armor Regiment, from 2 July 1968 to 1 September 1968
* Company D, 2nd Battalion, 34th Armor Regiment, from 2 September 1968 to 18 August 1969
* HHC, 2nd Battalion, 34th Armor Regiment, from 19 August 1969 to 9 December 1969

4.  There are no orders for the Silver Star in the available records.

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show authorization for the Silver Star.

6.  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 HRC Military Awards Branch, failed to reveal orders for the Silver Star pertaining to the applicant.

7.  On 27 August 1970, he was honorably released from active duty.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 8th Artillery Regiment, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period January 1966 to August 1968 in Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 31 March 1966 to 21 January 1970 in DAGO Number 51, dated 1971

9.  Department of the Army Pamphlet 672-3 shows the 2nd Battalion, 34th Armor Regiment, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 August 1967 to August 1968 in DAGO Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 September 1968 to 30 September 1970 in DAGO Number 5, dated 1973

10.  Department of the Army Pamphlet 672-3 shows HHC, 2nd Battalion, 34th Armor Regiment, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 19 September 1967 to 21 January 1970 in DAGO Number 51, dated 1971.

11.  Department of the Army Pamphlet 672-3 shows Company D, 2nd Battalion, 34th Armor Regiment, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 15 January 1968 to 21 January 1970 in DAGO Number 51, dated 1971.

12.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

13.  He enlisted in the Army National Guard on 27 June 1977.  He was ordered to active duty in support of Operations Desert Shield/Desert Storm.  He served in Southwest Asia from 29 December 1990 to 7 May 1991.  On 1 June 1991, he was honorably released from active duty.

14.  He was again ordered to active duty on 19 September 2003 in support of Operation Enduring Freedom.  He served in Afghanistan from 15 November 2003 to 1 August 2004.  His North Atlantic Treaty Organization (NATO) Certificate shows he was assigned to HHC, 1st Battalion, 279th Infantry Regiment, during his assignment in Afghanistan.

15.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows he qualified as Expert with the M-16 rifle on 13 October 2003.

16.  He provided a Headquarters, 1st Battalion, 279th Infantry Regiment, memorandum for record, dated 4 April 2004, which shows he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar.

17.  On 30 January 2005, he retired by reason of permanent disability.

18.  His original DD Form 214 for the period ending 30 January 2005 shows the Meritorious Unit Commendation (3rd Award) and Valorous Unit Award as authorized awards.

19.  Headquarters, 1st Battalion, 279th Infantry Regiment, Permanent 
Order 219-36, dated 7 August 2006, shows he was awarded the Overseas Service Ribbon (3rd Award) for the period 13 November 2003 to 2 August 2004.

20.  His reissued DD Form 214 for the period ending 30 January 2005 shows he was awarded or authorized the:

* Bronze Star Medal with two oak leaf clusters (representing a 3rd Award)
* Purple Heart with one oak leaf cluster (representing a 2nd Award)
* Meritorious Service Medal
* Army Commendation Medal with two oak leaf clusters (representing a 3rd Award)
* Army Achievement Medal
* Army Reserve Components Achievement Medal with one silver and one bronze oak leaf cluster (representing a 6th Award)
* National Defense Service Medal with two bronze service stars (representing a 3rd Award)
* Vietnam Service Medal with one silver and one bronze service star (representing a 6th Award)
* Southwest Asia Service Medal with three bronze service stars
* Afghanistan Campaign Medal with one bronze service star
* Global War on Terrorism Service Medal
* Armed Forces Reserve Medal with "M" Device, Numeral 2, and silver hourglass device
* Noncommissioned Officer Professional Development Ribbon with Numeral 4
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 2
* Army Reserve Components Overseas Training Ribbon with Numeral 3
* Republic of Vietnam Campaign Medal with Device (1960)
* NATO Medal
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Driver and Mechanic Badge with Driver-T and Driver-W Bars
* Expert Marksmanship Qualification Badge with Automatic Rifle, Pistol, and Grenade Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button
* Army Retired Lapel Button

21.  Since the applicant's reissued DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (also known as the M-16 rifle), this portion of his request will not be discussed further in this Record of Proceedings.

22.  There is no evidence of record showing the applicant's unit in Afghanistan was cited for award of the Joint Meritorious Unit Award.

23.  In support of his request for the Joint Meritorious Unit Award, he provided a citation which shows the Office of Military Cooperation-Afghanistan was cited for the Joint Meritorious Unit Award for exceptionally meritorious achievement from 1 October 2003 to 31 December 2004 while participating in Operation Enduring Freedom.  However, there is no evidence of record and he provided no evidence showing he was assigned to this unit in Afghanistan during this period.

24.  Department of Defense Instruction 1348.33 (Military Awards Program) provides that the Joint Meritorious Unit Award was authorized by the Secretary of Defense on 10 June 1981.  It is awarded to recognize joint units and activities for meritorious achievement or service superior to that which is normally expected.  Qualifying achievements must be superior to that which is expected under conditions of combat with an armed enemy of the United States, a declared national emergency situation, or extraordinary circumstances and should be operational in nature.  The Joint Meritorious Unit Award may not be awarded to any Department of Defense activity which has received any other unit award for the same achievement or period of service.

25.  Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

26.  Table 8-2 (Weapons for Which Component Bars are Authorized) of Army Regulation 600-8-22 shows weapons and corresponding component bars authorized for wear on marksmanship badges.  The specific weapon models are not listed.

27.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted 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.

28.  The request, along with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  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's reissued DD Form 214 for the period ending 30 January 2005 shows two awards of the Overseas Service Ribbon.  However, orders show he received three awards.  Therefore, this DD Form 214 should be corrected to show the Overseas Service Ribbon (3rd Award).

2.  His request to correct the Sharpshooter Marksmanship Qualification Badge with Rifle Bar entry on his DD Form 214 for the period ending 30 January 2005 to specify the M-14 rifle was noted.  However, the governing regulation does not specify weapon models.  Therefore, there is no basis for granting this request.

3.  The memorandum provided by the applicant showing he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar is accepted as sufficient evidence on which to base adding this badge to his DD Form 214 for the period ending 30 January 2005.  Although he requests specifying the entry "M-4" for this badge, the governing regulation does not specify weapon models.

4.  His reissued DD Form 214 for the period ending 30 January 2005 shows one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  However, his units in Vietnam were cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award).

5.  His reissued DD Form 214 for the period ending 30 January 2005 shows one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  However, his units in Vietnam were cited for three awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his periods of assignment.  Therefore, his DD Form 214 should be corrected to show the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (3rd Award).

6.  There is no evidence of record and the applicant provided no evidence showing his unit in Afghanistan was cited for award of the Joint Meritorious Unit Award.  The Joint Meritorious Unit Award Citation he provides shows the Office of Military Cooperation-Afghanistan was cited for award of the Joint Meritorious Unit Award for exceptionally meritorious achievement from 1 October 2003 to 31 December 2004 while participating in Operation Enduring Freedom.  However, there is no evidence of record and he provided no evidence showing he was assigned to this unit in Afghanistan during this period.  Therefore, there is insufficient evidence on which to base adding this unit award to his DD Form 214 for the period ending 30 January 2005.

7.  His contention that the Valorous Unit Award was omitted from his reissued DD Form 214 appears to have merit.  His original DD Form 214 shows the Valorous Unit Award as an authorized award.  Therefore, this entry is accepted as sufficient evidence on which to base adding this unit award to his reissued DD Form 214 for the period ending 30 January 2005.

8.  His reissued DD Form 214 for period ending 30 January 2005 shows the Meritorious Unit Commendation as an authorized award.  However, his original DD Form 214 for this period shows award of the Meritorious Unit Commendation (3rd Award).  Therefore, this entry is accepted as sufficient evidence on which to base adding the Meritorious Unit Commendation (3rd Award) to his reissued DD Form 214 for the period ending 30 January 2005.

9.  There are no orders for the Silver Star in the available records.  Therefore, there is insufficient evidence on which to base adding award of the Silver Star to his reissued DD Form 214 for the period ending 30 January 2005.

10.  While the available evidence is insufficient for awarding the applicant the Silver Star and correcting his DD Form 214 to show this award, this in no way affects his right to pursue his claim for the Silver Star by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the following awards from his reissued DD Form 214 for the period ending 30 January 2005:

* Overseas Service Ribbon with Numeral 2
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Meritorious Unit Commendation

	b.  adding the following awards to his reissued DD Form 214 for the period ending 30 January 2005:

* Valorous Unit Award
* Meritorious Unit Commendation (3rd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (3rd Award)
* Overseas Service Ribbon (3rd Award)
* Expert Marksmanship Qualification Badge with Carbine Bar

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 amending his DD Form 214 for the period ending 30 January 2005 to show the following awards:

* Silver Star
* Joint Meritorious Unit Award
* Expert Marksmanship Qualification Badge with Carbine Bar (M-4)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar



      ___________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)                                         AR20130013747



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ABCMR Record of Proceedings (cont)                                         AR20130013747



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