IN THE CASE OF:	  

		BOARD DATE:	  13 January 2015

		DOCKET NUMBER:  AR20140009204 


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 that he be awarded the Bronze Star Medal (BSM) for service and that his award of the Air Medal (2nd Award) be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was recommended for award of the BSM for service but it was never awarded.  Additionally, his award of the Air Medal (2nd Award) was not added to his DD Form 214.

3.  The applicant provides copies of his Installation Clearance Record, Certificate for 2nd Award of the Air Medal, Letter of Appreciation, and his DA Form 20 (Enlisted Qualification Record). 

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 enlisted in the Regular Army on 24 October 1966 for a period of 3 years and training as a motor transport operator.  He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a wheel vehicle mechanic at Fort Dix, New Jersey and he was transferred to Fort Benning, Georgia to undergo airborne training.  He completed his airborne training and was transferred to Fort Lee, Virginia where he underwent training as a parachute rigger.

3.  He completed is training as a parachute rigger and was transferred to Vietnam on 17 August 1967 for assignment to the 109th Quartermaster Company (Aerial Delivery).

4.  On 1 April 1968, he was assigned to Headquarters and Headquarters Company, 5th Special Forces Group for duty as a parachute rigger.

5.  He served in seven campaigns and departed Vietnam on 11 November 1969.  He was transferred to Fort Lewis, WA where he was honorably released from active duty (REFRAD) on 12 November 1969.  He had served 3 years and 19 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Parachutist Badge, Air Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge and Vietnamese Parachutist Badge.

6.  General Orders Number 1869 issued by Headquarters, 5th Special Forces Group, 1st Special Forces on 16 November 1969 awarded the applicant the Air Medal (2nd Award) for the period 4 October 1968 to 3 January 1969.

7.  A review of his official records failed to show any orders for award of the BSM or a copy of the Recommendation for Award (DA Form 638).  However, his records do show that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.

8.  The applicant provides a copy of an Installation Clearance Record (DA Form 137) dated 8 November 1969 which indicates the applicant was recommended for award of the BSM “S”.  However, the DA Form 137 contained in his official records is dated 10 November 1969 and simply indicates that the applicant had been recommended for a service or achievement award.

9.  On 29 November 1974, the Office of the Adjutant General issued a DA Form 1577 authorizing the issuance of medal sets for awards of the Air Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with one silver service star, Parachutist Badge, and Republic of Vietnam Campaign 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 orders for the BSM pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) states there is no automatic entitlement to an award upon departure either from an assignment or from the service.

12.  Army Regulation 600-8-22 (Military Awards) 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.

13.  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 the applicant’s unit was cited for awards of the Meritorious Unit Commendation (MUC) and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.

14.  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.  A silver service star is worn to denote five bronze service stars.

15.  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 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
 
16.  Army Regulation 600-8-22 (Military Awards) states there is no automatic entitlement to an award upon departure either from an assignment or from the service.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant has provided evidence to show that he was being recommended for an award when he departed Vietnam, he has not provided and the records do not contain a copy of the actual recommendation for award of the BSM.  Therefore, lacking the actual recommendation for award showing that it had been entered into channels or evidence showing a recommendation was approved, there is no basis to grant his request for an award of the BSM.

2.  The applicant was awarded the Air Medal (2nd Award) and is entitled to have that award added to his DD Form 214.

3.  The applicant met the qualifications for award of the Army Good Conduct Medal (1st Award) and was issued a medal set for that award in 1974. Accordingly, the Army Good Conduct Medal (1st Award) should be added to his DD Form 214.

4.  The applicant served in seven campaigns in Vietnam and is entitled to wear one silver and two bronze service stars on his already-awarded Vietnam Service Medal.

5.  The applicant’s unit was awarded the MUC and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and is entitled to have those unit awards added to his DD Form 214. 







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:

* Deleting the awards of the VSM and AM (1st Award) from his DD Form 214
* Adding the awards of the Vietnam Service Medal with one silver star and two bronze service stars, Air Medal (2nd Award), Army Good Conduct Medal (1st Award), MUC, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

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 awarding him the BSM. 

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20140009204



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ABCMR Record of Proceedings (cont)                                         AR20140009204



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