IN THE CASE OF:	  

		BOARD DATE:	  17 June 2014

		DOCKET NUMBER:  AR20130018012 


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 (BSM) and any other medals to which he is entitled be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was told by his lieutenant he had been recommended for award of the BSM for his actions on 6 January 1968 and to date he has not received the award.  He desires the award of the BSM and any other medals he is entitled to be added to his DD Form 214. 

3.  The applicant provides a one-page letter explaining his application, a letter from the National Personnel Records Center, and a copy of orders awarding the BSM with “V” Device to a fellow Soldier in his unit for actions on 6 January 1968 along with newspaper articles describing the events. 

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 was inducted into the Army of the United States on 20 October 1966.  He completed his basic training at Fort Ord, CA and his advanced individual training as a light weapons infantryman at Fort Polk, LA before being transferred to the Republic of Vietnam (RVN) on 6 April 1967 for assignment to Company A, 2nd Battalion, 18th Infantry Regiment.

3.  He served in four campaigns and departed the RVN on 3 April 1968 for assignment to Fort Riley, KS where he remained until he was honorably released from active duty (REFRAD) on 18 October 1968 due to the expiration of his term of service (ETS).  He completed 1 year, 11 months, and 29 days of total active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  A review of his official record failed to show any indication the applicant was recommended for award of the BSM or that he was awarded the BSM. Additionally, a review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the BSM.

5.  General Orders Number 3906, issued by Headquarters, 1st Infantry Division, dated 26 April 1968 awarded him the Army Commendation Medal for meritorious service during the period April 1967 to March 1968.  Additionally, a DA Form 1577 (Authorization for Issuance of Awards) dated 4 February 1971shows the office of the Adjutant General authorized the issuance of the Army Good Conduct Medal set to the applicant.

6.  His record shows he received all “excellent” conduct and efficiency ratings throughout his service and is void of any derogatory information that would serve to disqualify him for the first award of the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

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 2nd Battalion, 18th Infantry Regiment was cited for the following awards during his period of assignment:

* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
12 July 1965 through 16 October 1968 by DAGO Number 53, dated 1970

9.  Army Regulation 600-8-22 states:

	a.  the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

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.  

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:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 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.  While the available evidence is insufficient for awarding the applicant a BSM, this in no way affects his right to pursue his claim for the BSM by submitting a request through his Member of Congress under the provisions of Title 10 U.S. Code 1130.

2.  The applicant served during a qualifying period for award of the RVN Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant met the criteria for award of the Army Good Conduct Medal 
(1st Award).  Since he has been issued the medal set, his DD Form 214 should be corrected to show this award.

4.  General orders awarded the applicant the Army Commendation Medal; therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant also served in four campaigns in Vietnam; therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  Additionally, the applicant’s unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Accordingly, his DD Form 214 should be corrected to show these unit awards.

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 Vietnam Service Medal and

b.  Adding to his DD Form 214 the:

* Vietnam Service Medal with four bronze service stars
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class 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 award of the BSM. 










3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms. 



      ____________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)                                         AR20130018012





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018012



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1