IN THE CASE OF:  	  

		BOARD DATE:  8 October 2015	  

		DOCKET NUMBER:  AR20150001985 


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 his award of the Bronze Star Medal and Army Commendation Medal.

2.  The applicant states he was awarded the Bronze Star Medal and Army Commendation Medal after his separation from the service and they were not added to his record.

3.  The applicant provides copies of his Bronze Star Medal citation and Army Commendation Medal certificate.

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 the cases 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.
2.  The applicant's military records show he was inducted into the Army of the United States on  7 May 1968 and he held military occupation specialty 13A (field artillery).

3.  Special Orders (SO) Number 173, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, NC on 21 June 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He served in Vietnam from 1 October 1968 through 8 December 1969, during four campaigns.  He was assigned to:

* Headquarters and Headquarters Battery, 54th Artillery Group, from 5 October 1968 through 18 February 1969
* B Battery, 2nd Battalion, 35th Artillery, from 19 February 1969 through 7 December 1969

5.  On 15 February 1969, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for failing to go to formation on the same day.  His punishment consisted of a forfeiture of pay.

6.  He provided a copy of a Bronze Star Medal citation indicating he received the award for outstanding meritorious service in connection with military operations against a hostile force in Vietnam from September 1968 through December 1969.

7.  General Orders (GO) Number 491, issued by Headquarters, II Field Force Vietnam Artillery on 1 December 1969, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in Vietnam from September 1968 through December 1969.  He also provided a copy of the resulting certificate, dated 29 November 1969.

8.  He was honorably released from active duty in the rank/grade of specialist four (SP4/E-4) on 9 December 1969 and he was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 1 year, 7 months, and 3 days of net active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

9.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 38 (Record of Assignments) he received all “excellent" conduct and efficiency ratings throughout his period of service 
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and two overseas service bars and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

10.  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 award orders for the Bronze Star Medal pertaining to the applicant.

11.  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 service entirely during the period 7 December 1941 through 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.

12.  Army Regulation 600-8-22 (Military Award) states:

	a.  The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or 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.

   b.  A bronze service star is authorized for wear on the Vietnam Service Medal to denote campaign participation.  

13.  Department of the Army GO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

14.  Title 10, 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.

15.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, HRC, 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 awards.  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 of researching and assembling supporting information rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal during his period of service in Vietnam which is not listed on his DD Form 214.

2.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) during his period of service.  These badges are not listed on his DD Form 214.

3.  Notwithstanding the NJP he received for a relatively minor offense, the evidence indicates he meets the criteria for award of the Army Good Conduct Medal by serving honorably from 7 May 1968 through 9 December 1969, serving in Vietnam, attaining the rank/grade of SP4/E-4, and receiving all  "excellent" conduct and efficiency ratings throughout his military service.  

4.  He was awarded the Vietnam Service Medal.  He also participated in four campaigns during his service in Vietnam.  He meets the criteria for four bronze service stars for wear on his already-awarded Vietnam Service Medal, which are not shown on his DD Form 214.

5.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  This unit award is not listed on his DD Form 214.
6.  The applicant contends he was awarded the Bronze Star Medal and this award should be shown on his DD Form 214:

	a.  His service personnel record and/or the ADCARS database do not support his contention.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   b.  While the available evidence is insufficient for awarding him the Bronze Star Medal and its addition to his DD Form 214, this in no way affects his right to pursue his claim for this award 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:

* awarding him the Army Good Conduct Medal (1st Award) for his period of service from 7 May 1968 through 9 December 1969
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to this DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with four bronze service stars
* 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 adding the Bronze Star Medal 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)                                         AR20150001985





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ABCMR Record of Proceedings (cont)                                         AR20150001985



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