IN THE CASE OF:	  

		BOARD DATE:	  9 December 2014

		DOCKET NUMBER:  AR20140008199 


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, in effect:

   a.  Correction of his DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments) to show his principal duty for the period 13 August    1968 to 17 April 1969 as "6-man long range reconnaissance team"; and

   b.  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 with "V" Device and any additional awards he may be entitled.

2.  The applicant states he never served as a senior scout observer or mortar gunner.  He trained in-country for long range reconnaissance patrols to include a parachute jump which took incoming fire.  Four teams were created and trained the company commander.  Hawk Team Alpha was also recommended for the Bronze Star Medal with "V" Device for combat action in February or March 1969. A Bronze Star Medal with "V" Device recommendation was submitted for the reconnaissance patrol which resulted in a combat assault on a Viet Cong patrol with two confirmed kills.

3.  The applicant provides no additional evidence.

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                   15 December 1967.  Evidence further shows he served in the Republic of Vietnam from 13 August 1968 to 5 May 1969 with Company E, 1st Battalion, 503rd Infantry Regiment.

3.  The applicant's record contains:

   a.  Special Orders Number 47, issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, dated 16 February 1968, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

   b.  Special Orders Number 80, issued by Headquarters, 3rd Advanced Individual Training (AIT) Brigade, U.S. Army Training Command (Infantry), Fort Gordon, GA, dated 19 April 1968, which show he was awarded the Second Class Gunner Badge with Mortar Bar (81mm).
   
   c.  Special Orders Number 83, issued by Headquarters, 3rd AIT Brigade, U.S. Army Training Command (Infantry), Fort Gordon, GA, dated 23 April 1968, which show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

   d.  General Orders Number 453, issued by Headquarters, 173rd Airborne Brigade, dated 26 February 1969, which show he was awarded the Air Medal.

   e.  Special Orders Number 241, issued by Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood, Fort Leonard Wood, MO, dated            29 August 1969, which show he was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).   

4.  Item 41 (Awards and Decorations) of his DA Form 20 shows Special Orders Number 149, dated 19 June 1968, awarded him the Parachutist Badge; however, there is no entry indicating award of the Bronze Star Medal with "V" Device nor do his records contain official orders awarding him the Bronze Star Medal with "V" Device.

5.  Item 38 (Record of Assignments) of his DA Form 20 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.

6.  On 12 December 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal 
* Combat Infantryman Badge
* 2 Overseas Service Bars
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  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 with "V" Device pertaining to the applicant.

8.  Army Regulation 672-5-1 (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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

9.  Army Regulation 600-8-22 (Military Awards), 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 Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  During the period in which the applicant was assigned to 1st Battalion, 503rd Infantry Regiment his unit was cited for award of the:

	a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 15 April 1969 to 16 March 1971, by Department of the Army General Order (DAGO) Number 5, dated 1973.

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 5 May 1965 to 26 September 1970, by DAGO 51, dated 1971.

11.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, then in effect, prescribed instructions for preparing and maintaining the DA Form 20.  In pertinent part, it stated that the chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.

12.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

13.  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.

14.  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 request to amend the principal duty title on his DA Form 20 was noted.  However, the DA Form 20 was prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel.  As he no longer has a military status, there is no basis to make any changes to his DA Form 20.  The DD Form 214 is the document used to record the military history of a separated individual.  A copy of his DD Form 214 will be provided to the applicant.

2.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Second Class Gunner Badge with Mortar Bar (81mm), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and the Parachutist Badge.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.     

3.  General orders awarded the applicant the Air Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record confirms he served honorably during the period 15 December 1967 through 12 December 1969.  Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record 
does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period                15 December 1967 through 12 December 1969 and to correct his DD Form 214 to show this medal.

5.  The evidence revealed the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to award of three bronze service stars for wear on his previously-awarded Vietnam Service Medal.

6.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show them.

7.  The applicant's honorable service and the sincerity of his request are not in question.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal with "V" Device, this in no way affects his right to pursue a claim for the Bronze Star Medal with "V" Device 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.  deleting the Vietnam Service Medal from his DD Form 214;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period
15 December 1967 through 12 December 1969; and
   
   c.  adding the following to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Second Class Gunner Badge with Mortar Bar (81mm)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol                  Bar (.45 Caliber)
* Parachutist Badge
* Air Medal
* Vietnam Service Medal with three bronze service stars
* 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 listing award of the Bronze Star Medal with "V" Device on his DD Form 214.



      _______ _   _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)                                         AR20140008199



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140008199



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1