BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160002879 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x____ ___x_____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160002879 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending his DD Form 214 by deleing the entries "BSM," "ACM," and "VNSM," and adding the: * Bronze Star Medal with "V" Device * Air Medal (Numeral 17) * Army Commendation Medal with "V" Device * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 2. The Board further determined 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 correcting his DD Form 214 to show an additional award of the Bronze Star Medal or to show his Soldier of the Month recognition certificates. _____________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. BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160002879 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. Award of the Bronze Star Medal for meritorious service during his period of service in the Republic of Vietnam. b. Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 August 1967 to show he was awarded or authorized the: * Bronze Star Medal with "V" Device * Army Commendation Medal with "V" Device * Air Medal with 16 Oak Leaf Clusters b. Correction of his DD Form 214 for the period ending 24 August 1967 to show he received recognition as Soldier of the Month on several occasions. 2. The applicant states, when he was discharged, his awards and decorations were not included on his DD Form 214. 3. The applicant provides: * DD Form 214 for the period ending 24 August 1967 * DA Form 20 (Enlisted Qualification Record) * General Orders Number 543, issued by Headquarters, 1st Logistical Command on 21 November 1966 * General Orders Number 573, issued by Headquarters, 1st Logistical Command on 19 June 1967 * General Orders Number 474, issued by Headquarters, 1st Logistical Command on 29 May 1967, with general orders for 14 previous awards * two Letters of congratulations with a Soldier of the Month certificate narrative for the month of October 1966 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 25 August 1964. He completed his initial entry training and was awarded military occupational specialty (MOS) 91B (Medical Specialist). 3. Special Orders Number 213, issued by Headquarters, 4th Training Regiment, U.S. Army Training Center, Infantry, Fort Dix, NJ on 7 October 1964, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 4. The applicant served in the Republic of Vietnam from on or about 3 May 1966 through on or about 29 April 1967. During this period, he was assigned to the 254th Medical Detachment (Helicopter Ambulance), 1st Logistical Command. 5. General Orders Number 543, issued by Headquarters, 1st Logistical Command, on 21 November 1966, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations in the Republic of Vietnam on 17 May 1966. 6. General Orders Number 573, issued by Headquarters, 1st Logistical Command, on 19 June 1967, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations in the Republic of Vietnam on 6 February 1967. 7. General Orders Number 474, issued by Headquarters, 1st Logistical Command, on 29 May 1967, awarded him the Air Medal (16th Oak Leaf Cluster) for meritorious achievement while participating in aerial flight from 2 March 1967 to 25 March 1967. 8. The applicant was honorably released from active duty on 24 August 1967. His DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal (shown as "BSM") * Purple Heart * Army Commendation Medal (shown as "ACM") * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal (shown as "VNSM") * Republic of Vietnam Campaign Medal with Device (1960) (shown as "VNCM") * Aircraft Crewmember Badge 9. The applicant's record does not contain documentation that shows he was awarded the Bronze Star Medal for service during his period of service in the Republic of Vietnam. 10. A 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 U.S. Army Human Resources Command, failed to reveal any additional orders or decorations pertaining to the applicant. 11. The applicant provides: a. Fourteen additional general orders that awarded him the Air Medal (through 15 Oak Leaf Clusters), between 14 May 1966 and 1 March 1967. b. Two "Letters of Congratulations" with a certificate as "Soldier of the Month, October 1966" from his unit and his higher headquarters. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Bronze Star Medal is awarded in time of war for heroism (distinguished with a "V" device) 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. (1) 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. (2) 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 (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. b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns: * Vietnam Counteroffensive, (25 December 1965 - 30 June 1966) * Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967) c. Numerals are now used instead of oak leaf clusters to designate the second and subsequent awards of the Air Medal. 2. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of commendation or appreciation, and similar documents are not listed. 3. 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 254th Medical Detachment (Helicopter Ambulance), 1st Logistical Command was cited for the Meritorious Unit Commendation, during the period in which the applicant was assigned, for exceptionally meritorious achievement in the performance of outstanding service during the period February 1966 through July 1966, by Department of the Army Orders (DAGO) Number 17, dated 23 April 1968. 4. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. General orders awarded the applicant the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, and the Air Medal (16th Oak Leaf Cluster). These individual valor awards are not shown on his DD Form 214. 2. The applicant's DD Form 214 does contain entries that indicate he was awarded the Bronze Star Medal and the Army Commendation Medal; however, neither entry reflects the corresponding "V" device as indicated in the general orders that awarded these awards. 3. The applicant participated in two campaigns during his service in the Republic of Vietnam; however, his DD Form 214 shows only his previously-awarded Vietnam Service Medal without any corresponding bronze service stars to denote campaign participation. By regulation, a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. 4. General orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. These unit awards are not shown on his DD Form 214. 5. Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); however, this marksmanship award is not shown on his DD Form 214. 6. The available evidence does not show the applicant was awarded a second, separate Bronze Star Medal for service during his service in the Republic of Vietnam. While the available evidence is insufficient to correct his DD Form 214 to show an additional Bronze Star Medal, 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 10 USC 1130. 7. The applicant's request for correction of his DD Form 214 to show his Soldier of the Month recognitions was carefully considered. However, the governing Army regulation provides that only decorations, medals, and ribbons are listed on the DD Form 214. Certificates of achievement, letters of commendation or appreciation, and similar documents are not listed on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002879 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002879 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2