IN THE CASE OF:	  

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130021444 


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 Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medal; however, it is not reflected on his DD Form 214.

3.  The applicant provides a copy of a Bronze Star Medal citation.

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 5 November 1969.  His record shows he served in the Republic of Vietnam from 14 April 1970 to 12 June 1971 with Battery B, 2nd Battalion, 94th Artillery Regiment.

3.  The applicant's record contains General Orders Number 530, issued by Headquarters, XXIV Corps, dated 17 April 1971, which award him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force for the period June 1970 to June 1971.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  On 13 June 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed          1 year, 7 months, and 9 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* two Overseas Service Bars

6.  The applicant's DA Form 20 does not show award of the Bronze Star Medal and his official military records do not contain any general orders announcing award of the Bronze Star Medal.  

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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

8.  The applicant submitted a Bronze Star Medal citation indicating he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period June 1970 to June 1971.  However, he did not submit orders which show he was awarded the medal.

9.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or 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.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 (Military Awards) states 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.  

11.  Army Regulation 600-8-22 states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

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

* Vietnam Winter-Spring 1970
* Sanctuary Counteroffensive 
* Vietnam Counteroffensive Phase VII

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

14.  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 that 2nd Battalion, 94th Artillery Regiment, a unit to which the applicant was assigned, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The citation he submitted which shows award of the Bronze Star Medal is noted; however, it is insufficient to grant him the requested relief without official orders.  The governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Bronze Star Medal).  

2.  Evidence appears to indicate the applicant may have been recommended for award of the Bronze Star Medal in conjunction with his departure from the Republic of Vietnam.  However, his record is void of any evidence and he has failed to provide sufficient evidence showing he was awarded this medal by official orders.  Therefore, he is not entitled to correction of his DD Form 214 to show award of the Bronze Star Medal.  Further, it appears the recommendation may have been downgraded and subsequently approved for award of the Army Commendation Medal which was awarded by general orders approximately two months prior to his departure from the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal.
 
3.  The available evidence shows the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments and his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 5 November 1969 through 13 June 1971 and to correct his DD Form 214 to show this award.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  The evidence of record also confirms that based on the applicant's service and campaign participation in the Republic of Vietnam, he is entitled to three bronze service stars for wear on his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with three bronze service stars.



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 5 November 1969 through 13 June 1971;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* Army Commendation Medal 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam 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 award of the Bronze Star 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)                                         AR20130021444





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ABCMR Record of Proceedings (cont)                                         AR20130021444



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