IN THE CASE OF:    

		BOARD DATE:  9 April 2015	  

		DOCKET NUMBER:  AR20140015024 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Bronze Star Medal (BSM) and the Army Good Conduct Medal (AGCM).

2.  The applicant states that he was told by his commander in Vietnam that he was being put in for a BSM and he forgot about it until he filed a VA claim and noticed in his personnel records that he was awarded the BSM. 

3.  The applicant provides copies of orders returning him from Vietnam, his DD Form 214, 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 was a Canadian citizen who volunteered for induction into the U.S. Army on 11 January 1967.  He completed his basic training at Fort Lewis, Washington and his advanced individual training as a cook at Fort Huachuca, Arizona, and he was transferred to Fort Meade, Maryland for his first assignment with the 156th Heavy Equipment Maintenance Company.

3.  On 2 October 1967, he was transferred to Vietnam with his unit.  He served in four campaigns and departed Vietnam on 1 October 1968.  He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee.  He had served 1 year, 8 months and 23 days of active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Campaign Medal, and Vietnam Service Medal.

4.  A review of his records failed to show any evidence of the applicant being recommended for or awarded the BSM.  However, his records do not contain any derogatory information that would serve to disqualify him for award of the AGCM (1st Award) for the period of 11 January 1967 to 3 October 1968.  He had all "excellent" conduct and efficiency ratings during his period of service.

5.  The applicant’s records contains three DA Forms 1577 (Authorization for Issuance of Awards) showing that the applicant was authorized to be issued the AGCM, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

6.  The applicant’s records also contain a letter from the U.S. Army Reserve Personnel Center, dated 2 October 1992, that informed him that there was no evidence of him being awarded the BSM.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and similar devices awarded in recognition of accomplishments.  It provides that a bronze service star will be worn on the appropriate service ribbon for each campaign the individual participated, which in this case is the Vietnam Service Medal, based on qualifying service for each campaign

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in four campaigns and is authorized to wear four bronze service stars on his already awarded Vietnam Service Medal and to have them added to his DD Form 214.

2.  The applicant met the eligibility criteria for award of the AGCM and since he has already been issued the medal set, it should also be added to his DD Form 214.

3.  Additionally, the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit and is entitled to have them added to his DD Form 214.

4.  However, the applicant has failed to show through the evidence of record and evidence submitted with his application any evidence to show that he was recommended for or awarded the BSM.  Therefore, in the absence of such evidence, there appears to be no basis for adding the BSM to his DD Form 214.

5.  DA Form 1577 authorizes issuance of decorations, medals, unit citations, and badges.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) governs entries made in military personnel records, and this regulation states that, for U.S. military decorations and awards, the only acceptable source documentation is the order, letter, or memorandum which awards the decoration.  As a result, the DA Form 1577 is not sufficient as a basis for entitlement to a military award or for correction of military records to show a military award.

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 award of the Vietnam Service Medal from his DD Form 214
* Adding the awards of the Vietnam Service Medal with four bronze service stars, AGCM (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, 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 adding the BSM to 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)                                         AR20140015024





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ABCMR Record of Proceedings (cont)                                         AR20140015024



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