RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 November 2007
	DOCKET NUMBER:  AR20070008144 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright 

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, 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 awards of the Bronze Star Medal (BSM), Air Medal (AM) with "V" Device, and the Army Commendation Medal (ARCOM).

2.  The applicant states, in effect, that the awards he received may not have made it to his file when his DD Form 214 was prepared.  He is not sure of the actual reason why they were not annotated on his DD Form 214.

3.  The applicant provides a copy of his DD form 214, Headquarters,  
101st Airborne Division (Airmobile) General Orders Number 5810, dated 23 May 1970; Certificate of Award for the AM; and Certificates of Award for the BSM and ARCOM.

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 military service records show that he was inducted into the Army of the United States on 9 November 1967.  He completed the necessary training and was awarded the military occupational specialty (MOS) 67Y  
(AH-1 Helicopter Repairman).

3.  He served a tour with Company D, 158th Aviation Battalion, 101st Airborne Division (Airmobile) in the Republic of Vietnam during the period 4 March  
1969 to 10 June 1970.

4.  He was honorably released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement), St. Louis, Missouri on  
11 June 1970 after serving a total of 2 years, 7 months, and 10 days of active service.
5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, AM, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, 3 Overseas Service Bars, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Parachutist Badge. However, it does not show the award of the AM with "V" Device, ARCOM or BSM.

6.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 5810, dated 23 May 1970 shows that the applicant was awarded the AM with "V" Device for heroism while participating in aerial flight in the Republic of Vietnam on 12 March 1970.  Also, the Certificate of Award for the AM was provided for the same period.

7.  The applicant provided a copy of a Certificate of Award for the ARCOM.  A search of his military service records confirmed that Headquarters,  
101st Airborne Division (Airmobile) General Orders Number 11524, dated  
30 August 1969 awarded the ARCOM to the applicant for meritorious achievement.

8.  He also provided a copy of a Certificate of Award for the BSM; however, the applicant did not provide a copy of the respective orders awarding him the BSM.  His military records also do not contain a copy of the BSM awards order.

9.  Army Regulation 600-8-104 (Military Personnel Information Management/Records), in pertinent part, states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration.  Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.

10.  A review of the applicant's records indicates entitlement to additional awards that are not shown in item 24 of his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that Company D, 158th Aviation Battalion,  
101st Airborne Division (Airmobile) was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Order Number 48, dated 1971.

12.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969), Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969), Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970), and the DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show awards of the BSM, AM with "V" Device, and the ARCOM.

2.  Orders show that the applicant was awarded the AM with "V" Device for heroic actions on 12 March 1970.  Therefore, he is entitled to correction of his records to show this award.

3.  Orders show that the applicant was awarded the ARCOM for meritorious achievement.  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence shows that, while the applicant was assigned to Company D,  
158th Aviation Battalion, 101st Airborne Division (Airmobile), the unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, the applicant is entitled to correction of his records to show this foreign unit award.

5.  Evidence shows the applicant was credited with participating in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show four bronze service stars to be affixed to the Vietnam Service Medal.

6.  The certificate showing award of the BSM is insufficient evidence without the respective awards order to correct the applicant’s DD Form 214.  Therefore, the applicant is not entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___klw __  ____mjf__  ____lmd   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 showing the awards of the AM with "V" Device; ARCOM; Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and 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 award of the BSM.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




	______Kenneth L. Wright________
          		CHAIRPERSON




INDEX

CASE ID
AR20070008144
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071106
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.