IN THE CASE OF:	  

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130021352 


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:

	a.  Award of the Bronze Star Medal with "V" Device or in the alternative the Army Commendation Medal with "V" Device.

	b.  Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show/add:

* Bronze Star Medal for meritorious service
* three bronze service stars affixed to his previously-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* unit citations

	c.  He be provided a copy of all citations and issued all the medals, ribbons, and awards to which he is entitled.  

2.  The applicant states, in effect, the medals he earned were not issued or listed on his DD Form 214.

3.  The applicant provides:

* Self-authored statement


* DD Form 214
* Statement from fellow unit member, dated 29 October 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 was inducted into the Army of the United States on 27 March 1968 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

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

	a.  Item 29 (Qualification in Arms) that he was awarded or authorized the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

	b.  Items 31 (Foreign Service) and 38 (Record of Assignments) that he was assigned to Vietnam from 29 August 1968 to 18 May 1969 and served with Company C, 3rd Battalion, 1st Infantry, 11th Infantry Brigade from 12 September 1968 to 18 May 1969.

	c.  Item 41 (Awards and Decorations) that he was awarded or authorized the:

* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
4.  His record does not contain any recommendations or orders awarding him the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, or the Bronze Star Medal for meritorious service.  Additionally, 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 and maintained by the U.S. Army Human Resources Command Military Awards Branch – failed to reveal orders for award of the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, or the Bronze Star Medal for meritorious service.

5.  He was released from active duty on 26 March 1970.  His DD Form 214 shows he completed 2 years of net active service of which 8 months and 19 days was credited as foreign service.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Purple Heart
* Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal 
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* 1 overseas service bar

6.  He provided a letter of support from Mr. BV, who served in his unit in Vietnam. Mr. BV stated on one day in particular that applicant was a very brave Soldier who frequently performed his duties in a way that could be considered to be above and beyond the call of duty.  He remembers that he and several other Soldiers were put in for awards but does not remember if the medal was ever awarded.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three 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)




8.  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.  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.

9.  Title 10 of the U.S. Code, section 1130 (10 USC 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.

10.  The request, 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.

11.  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 Headquarters, United States Army Vietnam and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by Department of the Army General Orders (DAGO) Number 8, dated 1974.

12.  A review of his service records shows he had "excellent" conduct and efficiency ratings, no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 
27 March 1968 through 26 March 1970.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence of record and the applicant did not provide sufficient evidence to show he was recommended for or awarded the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, or the Bronze Star Medal for meritorious service.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal and Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.

2.  While the available evidence is insufficient for awarding him the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, or the Bronze Star Medal for meritorious service, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to add this unit award.

4.  The evidence of record shows he participated in three campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars affixed to his previously-awarded Vietnam Service Medal.

5.  The evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to add these badges.

6.  He served honorably during the period 27 March 1968 through 26 March 1970.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received "excellent" conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to add this 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 
27 March 1968 through 26 March 1970;

	b.  deleting from his DD Form 214 the Vietnam Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar; 

	c.  adding to his DD Form 214 and issuing him the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (only if available)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)

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 Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, or the Bronze Star Medal for meritorious service.  



      _______ _   __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)                                         AR20130021352





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ABCMR Record of Proceedings (cont)                                         AR20130021352



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