BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140017340 


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, in effect, the:

* Bronze Star Medal
* Army Commendation Medal
* All additional awards that he may be eligible to receive

2.  The applicant states the medals need to be listed on his DD Form 214 as they were awarded. 

3.  The applicant does not provide any 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's records show he was inducted into the Army of the United States on 29 June 1967 and he held military occupational specialty 91B (Medical Specialist).  He served in Vietnam from on or about 4 December 1967 to 
19 September 1968.  He was assigned to 2nd Battalion, 11th Artillery. 

3.  He was wounded on 30 July 1968.  He was medically transferred in a patient status to Fort Sam Houston, TX, on or about 20 September 1968.  General Orders (GO) Number 82, issued by Headquarters, 22nd Surgical Hospital on 30 July 1968 awarded him the Purple Heart.  

4.  On 16 July 1969, he retired and he was placed on the Temporary Disability Retired List (TDRL) in his retired rank/grade of specialist four (SP4)/E-4 on 
17 July 1969.  His DD Form 214 shows he completed 2 years and 18 days of active service.  He was awarded or authorized the: 

* Purple Heart
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

5.  He was ultimately removed from the TDRL and permanently retired by reason of permanent disability on 1 December 1970. 

6.  His records do not indicate he was recommended for or awarded the Army Commendation Medal or the Bronze Star Medal:

	a.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal or the Bronze Star Medal.

	b.  His records do not contain general orders which authorized him award of the Army Commendation Medal or the Bronze Star Medal.

	c.  A 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 Army Commendation Medal or the Bronze Star Medal for him. 




7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	b.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.  

9.  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.

10.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualifying 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. 

12.  Appendix B of Army Regulation 600-8-22 during his service in Vietnam from 4 December 1967 to 19 September 1968, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

* Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968)
* TET Counteroffensive (30 January 1968 to 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968)

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 2nd Battalion, 11th Artillery, in Vietnam (11 December 1967 to 18 September 1968), this unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 July 1968 to 14 May 1969, by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 30 November 1966 to 30 June 1968 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

2.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.   Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 

3.  He served honorably from 29 June 1967 to 16 July 1969.  He completed a combat tour in Vietnam, attained the rank/grade of SP4/E-4, and received "excellent" efficiency and conduct ratings throughout his military service.  Absent any derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal, it would be appropriate to award the applicant the Army Good Conduct Medal based and to correct his records to show this award.

4.  With respect to the Bronze Star Medal and the Army Commendation Medal: 

	a.  There is no evidence in the available records that show he was recommended for or awarded these awards.  The governing Army regulation states that for personal decorations (which included the Bronze Star Medal and Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show either award. 

	b.  Nevertheless, while the available evidence is insufficient for awarding the applicant a Bronze Star Medal or the Army Commendation Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal and/or the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of 10 USC 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 29 June 1967 to 16 July 1969
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

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 the Bronze Star Medal and the Army Commendation 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)                                         AR20140017340



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ABCMR Record of Proceedings (cont)                                         AR20140017340



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