IN THE CASE OF:	   

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140003790 


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 the following:

	a.  General Orders Number 2969, issued by Headquarters, 25th Infantry Division on 12 April 1968, to show his first name as "Oris" instead of "Otis"; and

	b.  Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the:

* Army Commendation Medal (ARCOM)
* a possible Bronze Star Medal (BSM)
* unit citations to which he is entitled

2.  The applicant states the probable reason for the oversight was due to him being discharged before the awards were issued.

3.  The applicant provides his DD Form 214 and General Orders Number 2969.

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 9 May 1966. His Record of Induction lists his first name as "Oris."  He served in the Republic of Vietnam (RVN) from 15 March 1967 to 8 March 1968, where he was assigned to Troop D, 3rd Squadron, 4th Cavalry Regiment.  

3.  General Orders Number 2969, issued by Headquarters, 25th Infantry Division on 12 April 1968, awarded him the ARCOM for meritorious service in connection with military operations against a hostile force in the RVN during the period March 1967 to March 1968.  The standard name line shows his first name as "Otis."

4.  He was honorably released from active duty on 11 March 1968 after completing 1 year, 10 months, and 3 days of active duty service.  His DD Form 214 lists his first name as "Oris."  Additionally, this form shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM) 
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  There are no orders in his military personnel record that show he was awarded the BSM.  Additionally, the BSM is not listed on his DA Form 20 (Enlisted Qualification Record).  

6.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding him the BSM.

7.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated the BSM may have been awarded for heroism, meritorious achievement, or meritorious 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  His records show no evidence that he was awarded the Army Good Conduct Medal (AGCM) during his period of active military service.  However, his records reveal no evidence he received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice and no evidence of courts-martial or any other type of adverse action.  Additionally, his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.

9.  Army Regulation 672-5-1 (Awards), the regulation in effect at the time, provided that the AGCM 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.

10.  Appendix B of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 3rd Squadron, 4th Cavalry Regiment, to which the applicant was assigned, was cited for the:

* Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 69, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971
* RVN Gallantry Cross with Palm Unit Citation by DAGO Number 48,   dated 1971

12.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows 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 the 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.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of General Orders Number 2969 to show his first name as "Oris" instead of "Otis" was carefully considered.  The evidence of record shows he used the name "Oris" at the time of his induction into the Army of the United States and throughout his period of active military service.  

2.  The evidence of record further shows that General Orders Number 2969, dated 12 April 1968, incorrectly cited his first name as "Otis" instead of "Oris."      Because this appears to be the only instance in his period of military service in which he was identified as "Otis," it can be presumed that his name was incorrectly cited on General Orders Number 2969.  Therefore, he is entitled to amendment of this order to show the correct spelling of his first name. 

3.  General orders verify he was awarded the ARCOM; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no record of courts-martial and no commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM (1st Award), for the period 9 May 1966 to 11 March 1968, and correction of his DD Form 214 to show this award.

5.  He participated in three campaigns during his service in Vietnam; therefore, he is entitled to correction of his records to show three bronze service stars for wear on his previously-awarded VSM.
6.  General orders awarded his unit of assignment in Vietnam the Presidential Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and RVN Gallantry Cross with Palm Unit Citation during the period in which he was assigned.  Therefore, his records should be corrected to show these unit awards.

7.  He requests correction of his DD Form 214 to show award of the BSM.  However, by regulation, the BSM must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders.  His record, to include ADCARS, is void of any documents or orders indicating he was ever recommended for or awarded the BSM by proper authority during his active duty service.  Therefore, in the absence of orders or any evidence of confirming the award of the BSM, there is an insufficient evidentiary basis to support adding this award to his DD Form 214.

8.  While the available evidence is insufficient for award of the BSM, this in no way affects his right to pursue his claim for this award 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 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.  amending General Orders Number 2969, dated 12 April 1968, to show the correct spelling of his first name as "Oris";
   
b. awarding him the Army Good Conduct Medal (1st Award) for the period 
9 May 1966 to 11 March 1968;

	c.  amending his DD Form 214 to delete the Vietnam Service Medal; and

d. amending his DD Form 214 to add the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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)                                         AR20140003790





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ABCMR Record of Proceedings (cont)                                         AR20140003790



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