IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160004816 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 IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160004816 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: * voiding Permanent Orders 36-5, issued by the U.S. Total Army Personnel Command on 6 March 1990 * amending General Orders Number 509, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division, on 20 April 1971, awarding him the Bronze Star Medal to show the social security number shown on his DD Form 214 and issuing him a replacement certificate * amending General Orders Number 2245, issued by Headquarters, 1st Aviation Brigade, on 4 August 1972, awarding him the Army Commendation Medal to show the social security number shown on his DD Form 214 and issuing him a replacement certificate * voiding the applicant's DD Form 214 and DD Forms 215 * issuing the applicant a new DD Form 214 listing all his awards and decorations as well as the Army Commendation Medal 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 adding the Presidential Unit Citation 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. IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160004816 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 the Army Commendation Medal and Presidential Unit Citation. He also requests a personal hearing. 2. The applicant states he served in Vietnam with A Troop, 4th Squadron, 12th Cavalry Regiment, 1st Infantry Brigade, 5th Infantry Division (Mechanized) from 29 January 1971 to 7 April 1971 when this unit was awarded the Presidential Unit Citation by Executive Order. Additionally, the Army Commendation Medal that was awarded in August 1972 and amended in September 1990 does not appear on his DD Form 214. It is important for him and his family that his record is accurate. 3. The applicant provides: * General Orders (GO) Number 2245, dated 4 August 1972, Army Commendation Medal * Permanent Orders 36-5 (amendments), dated 6 March 1990 and letter from the U.S. Total Army Personnel Command * Recommendation for award of the Presidential Unit Citation, dated 18 June 1971 * GO Number 3306, dated 13 November 1972, Air Medal 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 22 December 1969. He listed his social security number (SSN) as " He held military occupational specialty 11D (Armor Reconnaissance Specialist). 3. His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, listed his SSN as ." 4. He served in Vietnam as follows: * From 12 June 1970 to 3 May 1971; he was assigned to Troop A, 4th Squadron, 12th Cavalry, 1st Brigade, 5th Infantry Division (Mechanized). * From 21 January 1972 to 28 November 1972; he was assigned to F Troop, 8th Cavalry Regiment 5. General Orders (GO) Number 509, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division, on 20 April 1971, awarded him the Bronze Star Medal for service from June 1970 to June 1971. The GO listed his SSN as "" (the number "4" instead of the number "5" in the seventh digit). 6. GO Number 2245, issued by Headquarters, 1st Aviation Brigade, on 4 August 1972, awarded him the Army Commendation Medal for service from 23 July 1972 (i.e. 23 July 1971) to 11 July 1972. The GO and resultant certificate both listed his SSN as "" (the first three digits are different). 7. GO Number 3306, issued by Headquarters, 1st Aviation Brigade, on 13 November 1972, awarded him the Air Medal. The GO listed his SSN as "." 8. He was honorably released from active duty on 29 November 1972. His DD Form 214 shows his SSN as "." Item 25 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), continued in item 30 (Remarks) shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Army Co….[incomplete] * Vietnam Campaign Medal with 1960 Device * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 9. On 6 March 1990, the U.S. Total Army Personnel Command issued Permanent Orders 36-5, amending GO Number 2245, issued by Headquarters, 1st Aviation Brigade on 4 August 1972. These orders amended his SSN from "" to "." However, the amendments inadvertently referred to this award as "Army Achievement Medal" instead of "Army Commendation Medal." 10. On 29 June 1990, the U.S. Army Personnel Center, St. Louis, MO issued him a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that added the: * Bronze Star Medal * Air Medal 11. On 24 February 2011 (ABCMR Docket Number AR20100022262), the Board granted him partial relief with regard to additional awards. On 9 June 2011, he was issued a second DD Form 215 that added: * Army Good Conduct Medal * Vietnam Service Medal with 4 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 12. He provides a Recommendation for the Award of the Presidential Unit Citation, 1st Brigade, 5th Infantry Division (Mechanized), for distinguished service in combat from 29 January to 7 April 1971 in Vietnam. The recommendation had been declassified by Executive Order and included a listing of units assigned to that brigade, and included the applicant's unit of assignment (during his first tour), A Company, 4th Squadron, 12th Cavalry. REFERENCES: 1. Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. Army Regulation 635-5 (Separation Documents), in effect at the time (1 May 1972) established the standardized policy for preparing and distributing the DD Form 214. After a separatee had departed from the transfer activity, the DD Form 214 will be corrected only by issuance of a DD Form 215 or the issuance of a new DD Form 214. A later version of this regulation, dated 15 August 1979, directed not to reissue the DD Form 214, once issued, except when: * directed by proper appellate authority, Executive Order, or by the Secretary of the Army * it is determined that the corrections to be made will not fit within the correction block of a single DD Form 215 * two DD Forms 215 have been issued and an additional correction is required 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. * Troop A, 4th Squadron, 12th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with palm Unit Citation, for service from 8 February to 30 April 1971 by DAGO Number 9, dated 1979 * Troop F, 8th Cavalry, was not awarded any unit awards during the applicant's assignment to this unit * 1st Brigade, 5th Infantry Division (Mechanized) was not awarded any unit awards during the applicant's assignment to this unit 4. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 1-14 of this regulation states, except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), which is outlined below, each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under 10 USC 1130 a. Title 10 USC 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10 USC 1130, an individual must submit a DA Form 638 (Recommendation for Award). b. The DA Form 638 should clearly identify the unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which an individual is requesting recognition must accompany the DA Form 638. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request. c. Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, the veteran must submit a request through a Member of Congress who will send it to the United States Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. DISCUSSION: 1. By regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. 2. GO awarded the applicant the Army Commendation Medal. This award does not appear on his DD Form 214. Additionally, the original GO and certificate contained an incorrect SSN and the amendment orders that corrected the SSN inadvertently identified this award as an Army Achievement Medal. 3. As a related item, the GO that awarded the applicant the Bronze Star Medal (GO Number 509, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division, on 20 April 1971) also contained an incorrect SSN. 4. Although he submitted a recommendation for award of the Presidential Unit Citation pertaining to the 1st Brigade, 5th Infantry Division, there is no evidence this unit was awarded the Presidential Unit Citation. The Executive Order declassified this recommendation; it did not approve it. Although it appears the award has not been approved, this in no way affects the applicant’s right to pursue his claim for the Presidential Unit Citation by submitting a request through his Member of Congress under the provisions of 10 USC 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000XX3 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004816 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004816 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2