BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20130018040 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* Army Commendation Medal
* Bronze Star Medal
* Air Medal

2.  The applicant does not provide a statement.

3.  The applicant provides a copy of his DD Form 214 and certificates for award of the Army Commendation Medal, Bronze Star Medal, and Air Medal.

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 10 August 1965.

3.  Special Orders Number 201, issued by Headquarters, 2nd Brigade Combat Team, U.S. Army Training Center – Infantry, Fort Dix, NJ, dated 23 September 1965, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 229, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY, dated 4 November 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He served in Vietnam from 7 November 1967 through 27 January 1968.  While in Vietnam, he was assigned to Headquarters and Headquarters Battery, 101st Airborne Division Artillery.

6.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings
* Item 41 (Awards and Decorations) – no entries for the Bronze Star Medal, Air Medal, or Army Commendation Medal

7.  On 1 August 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge

8.  General Orders Number 8730, issued by Headquarters, 101st Airborne Division, dated 31 October 1968, awarded the applicant the Air Medal (First Oak Leaf Cluster) for the period 18 March 1968 to 10 July 1968.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

9.  The applicant provides copies of the following certificates awarded to him:

* Bronze Star Medal Certificate for the period 1 January 1968 to 10 August 1968
* Air Medal Certificate (1st Oak Leaf Cluster) for the period 18 March 1968 to 10 July 1968
* Army Commendation Medal Certificate for the period 1 March 1968 to 10 August 1968

10.  A review of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders awarding the Bronze Star Medal or Army Commendation Medal to the applicant.

11.  A review of the available records indicates the applicant is entitled to additional awards not shown on his DD Form 214.

12.  There is no evidence of any derogatory information or a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  

13.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that his service in Vietnam coincided with the following campaigns:

* Vietnam Counteroffensive Phase III (19 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968)

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Headquarters and Headquarters Battery, 101st Airborne Division Artillery was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 43, dated 1970, for the period 19 July 1968 to 14 May 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971, for the period 18 March 1968 to 2 May 1970

15.  Army Regulation 672-5-1 (Decorations and 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 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.  There must have been no convictions by a court-martial.

16.  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, unit decorations, and similar devices awarded in recognition of accomplishments.  This regulation 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.  The Army Commendation Medal is 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides certificates indicating he was awarded the Bronze Star Medal and the Army Commendation Medal.  The sincerity of his claim is not questioned.  Unfortunately, possession of an award certificate does not automatically confer entitlement to an award.  Absent orders awarding him the Bronze Star Medal and Army Commendation Medal or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show award of the Bronze Star Medal and Army Commendation Medal.

2.  The applicant is advised that if he has a copy of orders awarding him the Bronze Star Medal and Army Commendation Medal or official documentation confirming that such orders were published, he may submit a request for reconsideration.  If he chooses to do so, he should ensure that he provides a complete copy of those orders, to include an authenticating signature.

3.  The applicant served honorably during the period 10 August 1965 through 1 August 1968.  He received all "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  General orders awarded him the Air Medal with Numeral 2; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to show these badges.

6.  General orders awarded the unit to which he was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

7.  He served in Vietnam during four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his previously-awarded Vietnam Service Medal.

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 amending his DD Form 214 as follows:

* awarding him the Army Good Conduct Medal (First Award) for the period 10 August 1965 through 1 August 1968;
* deleting from his DD Form 214 the Vietnam Service Medal; and 
* adding the following to his DD Form 214:

*	Army Good Conduct Medal
*	Air Medal with Numeral 2
*	Vietnam Service Medal with 4 bronze service stars
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

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 correcting his DD Form 214 to show award of the Bronze Star Medal and Army Commendation Medal.



      _______ _ 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)                                         AR20130018040



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ABCMR Record of Proceedings (cont)                                         AR20130018040



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