IN THE CASE OF:  

		BOARD DATE:  25 November 2014	  

		DOCKET NUMBER:  AR20140004004 


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
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* additional awards and decorations to which he is entitled

2.  The applicant believes he is entitled to the requested unit awards based upon his units of assignment in the Republic of Vietnam.  He was told he would receive the Bronze Star Medal at the end of his tour in Vietnam; however, he has no orders which bestow the award to him.  If the 1st Signal Brigade awarded the Bronze Star Medal for meritorious service to individuals upon completion of their tour with the Brigade, and his records are consistent with those individuals, then he is also eligible to have the Bronze Star Medal awarded to him.

3.  The applicant provides:

* a self-authored statement
* a DD Form 214
* a DA Form 20 (Enlisted Qualification Record)
* 2 Letters of Appreciation
* Extracts from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* Department of the Army General Orders (DAGO) Number 8, dated 19 March 1974
* Documentation of a legal name change

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 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 21 June 1968.  He was trained in and awarded military occupational specialty (MOS) 31S (General Communications Security (COMSEC) Repairman).  He served in the Republic of Vietnam from 18 August 1969 through 17 August 1970.  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

3.  His record contains General Orders Number 575, dated 5 March 1970, which show he was awarded the Army Commendation Medal for meritorious achievement in the Republic of Vietnam during the period 15 December 1969 to 25 January 1970.

4.  He provides a Letter of Appreciation from the Officer in Charge (OIC), Military Assistance Command-Vietnam (MACV) Communications Center, dated 11 March 1970, wherein the OIC expressed his sincere appreciation for the applicant's contributions to the success of the center and directed that the letter be filed in his field personnel file.

5.  His record contains General Orders Number 1744, dated 7 July 1970, which show he was awarded the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service in the Republic of Vietnam during the period 18 August 1969 to 30 June 1970.

6.  He provides a Letter of Appreciation rendered by a COMSEC Officer, MACV Communications Center, dated 15 August 1970.  The COMSEC Officer commended the applicant for his outstanding performance of duty and his contributions to success of the center and directed that the letter be filed in his field personnel file.

7.  His DA Form 20 shows in:

	a.  item 38 (Record of Assignments), while in Vietnam he was assigned to:

		(1)  Company A, 69th Battalion from 24 August 1969 through 28 February 1970; and 

		(2)  Communications Center Company, Signal Support Agency, Saigon from 1 March through 15 August 1970. 

	b.  item 41 (Awards and Decorations), no indication that he was awarded the Bronze Star Medal.

8.  On 18 June 1971, he was released from active duty (REFRAD) with an honorable characterization of service and transferred to U.S. Army Reserve.  The DD Form 214 he was issued at the time of his REFRAD shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* 2 Overseas Service Bars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal (1st Oak Leaf Cluster)
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  His record is void of any evidence and he has not provided any evidence showing he was recommended for or awarded the Bronze Star Medal.

10.  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 that show he was awarded the Bronze Star Medal.

11.  References:

	a.  Army Regulation 600-8-22 (Military Awards), 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.  Appendix B shows that the following four campaigns took place during his period of service in the Republic of Vietnam:

* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

	b.  DAGO Number 51, dated 1971, announced award of the Meritorious Unit Commendation to both of the applicant's units for actions during the period 1 April 1969 to 28 February 1970, which included the applicant's period of assignment.

	c.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

	d.  Army Regulation 600-8-22 states 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.  

12.  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.

13.  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.  The applicant's contentions were carefully considered and determined to have partial merit.

2.  The applicant contends he was told he would be awarded the Bronze Star Medal for meritorious service during his tour of duty in the Republic of Vietnam.  There is no evidence that shows he was either recommended for or awarded the Bronze Star Medal; however, general orders awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 18 August 1969 through 30 June 1970.  Therefore, it appears this medal was awarded for his tour of duty and he is not entitled to correction of his DD Form 214 to show award of the Bronze Star Medal.

3.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects the applicant's right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code section 1130.

4.  Records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with 4 bronze service stars and correction of his DD Form 214 to show this service medal.

5.  DAGOs awarded the following unit awards to the applicant's units for actions during his period of assignment; therefore, he is entitled to correction of his DD Form 214 to show these unit awards:

* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


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 the Vietnam Service Medal from his DD Form 214; and

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

* Vietnam Service Medal with 4 bronze service stars
* Meritorious Unit Commendation (2nd Award)
* 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 correcting his DD Form 214 to show 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)                                         AR20140004004





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ABCMR Record of Proceedings (cont)                                         AR20140004004



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