RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 January 2008
      DOCKET NUMBER:  AR20070011507


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, in effect, that the Bronze Star Medal (BSM)
with "V" (Valor) Device, Army Commendation Medal (ARCOM) with "V" Device,
Air Medal (AM) with Numeral 3 and "V" Device, and the Combat Infantryman
Badge (CIB) be added to the list of awards contained on his 8 July 1970
separation document (DD Form 214).

2.  The applicant states, in effect, he was assigned to the 10th Chemical
Platoon, which provided direct support to the 101st Airborne Division and
South Vietnamese Army Troops, 1st United States Marines, United States Air
Force and Republic of Korea Troops.  He states that he flew Agent Orange
missions also and has been fighting cancer for the last 10 years.  He
states that he would like to live with pride and given his kids something
to pass on to his 6 grandchildren to say its official.

3.  The applicant provides the following documents in support of his
application:  National Personnel Records Center (NPRC) Letters, dated 1
December 2006 and 24 January 2007; 8 July 1970 DD Form 214; Correction to
DD Form 214
(DD Form 215), dated 1 April 1980; ARCOM Certificate; AM with "V"
Certificate; Aircraft Crew Member Badge Orders; Certificate of
Appreciation, dated 8 July 1970; and Honorable Discharge Certificates,
dated 4 March 1975 and 23 August 1976.

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 record shows he enlisted in the Regular Army and
entered active duty on 30 November 1967.  He was trained in and awarded
military occupational specialty (MOS) 54B (Decontamination Specialist), and
specialist four (SP4) is the highest rank he attained while serving on
active duty.
3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 9 February 1969 through 8 July
1970, and that during this period, he was assigned to the 10th Chemical
Platoon,
101st Airborne Division.

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains
orders awarding the applicant the Air Medal with "V" Device (3rd Award) for
his heroism while participating in aerial flight in the RVN on 23 April
1970.  It also contains orders awarding him the ARCOM with "V" device, for
heroism in the RVN on
10 April 1970, and orders awarding him the ARCOM for meritorious
achievement during the period 1 February through 30 June 1969.  The MPRJ is
void of any orders awarding the applicant the BSM or the CIB.

5.  On 8 July 1970, the applicant was honorably released from active duty
(REFRAD) after completing a total of 2 years, 7 months, and 9 days of
active military service.  Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the
DD Form 214 he was issued at the time shows he earned the following awards
during his active duty tenure:  National Defense Service Medal (NDSM);
ARCOM; AM 2nd Award; Army Good Conduct Medal (AGCM); Vietnam Service Medal
(VSM); RVN Campaign Medal (RVNCM); Meritorious Unit Commendation (MUC);
Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and 3
Overseas Service Bars.

6.  The applicant's record shows he served in the United States Army
Reserve (USAR) from 9 July 1970 through 23 August 1976, at which time he
was honorably discharged in the rank of staff sergeant.

7.  On 1 April 1980, a DD Form 215 was issued to the applicant that amended
Item 24 of his 8 July 1970 DD Form 214 by deleting the AM 2nd Award and
VSM and adding the AM with Numeral 1, VSM with 1 silver service star and
1 bronze service star, and the RVN Gallantry Cross with Palm Unit Citation.


8.  The applicant's record contains an Office of The Adjutant General,
United States Army Reserve Components Personnel and Administration Center
(ARPERCEN) letter, dated 7 April 1980, which includes a DA Form 1577
(Authorization for Issuance of Awards) that indicates that the applicant
was authorized and issued the following awards:  AM with Numeral 2 (3rd
Award); ARCOM; AGCM; Meritorious Unit Emblem; NDSM; VSM with 1 silver
service star and 1 bronze service star; and RVN Campaign Medal with Device
(1960).  It also showed he was authorized the RVN Gallantry Cross with Palm
Unit Citation.

9.  The applicant provides an NPRC letter, dated 1 December 2006, which
indicates he was entitled to the following awards:  BSM with "V" Device; AM
Numeral 1 with "V" Device; ARCOM with "V" Device; AGCM; Meritorious Unit
Commendation (MUC); NDSM; VSM with 1 silver service star and 1 bronze
service star; CIB; RVN Campaign Medal with Device (1960); Expert
Marksmanship Qualification Badge with Automatic Rifle Bar; and Sharpshooter
Marksmanship Qualification Badge with Rifle Bar.  He also provides a NPRC
Letter, dated 24 January 2007, which indicated he was entitled to the AM
with Numeral 3 with "V" Device, and the Aircraft Crew Member badge.

10.  The applicant also provides an ARCOM Certificate that shows he was
awarded the ARCOM for heroism in the RVN on 10 April 1970 and an AM
Certificate that shows he was awarded the 3rd Award of the AM for heroism
in the RVN on 23 April 1970.  He also provides orders that awarded him the
Aircraft Crew Member Badge on 1 June 1970.  Finally, he provides award
certificates issued to him upon his honorable discharge.

11.  During the processing of this case, a member of the Board staff
reviewed the Awards and Decorations Computer Assisted Retrieval System
(ADCARS), which is maintained by the Military Awards Branch, United States
Army Human Resources Command, and contains general orders issued during the
Vietnam era between 1965 and 1973.  The following four awards orders
pertaining to the applicant that were issued by Headquarters, 101st
Airborne Division and which awarded him the awards indicated are filed on
ADCARS:  GO Number 10383, dated 2 September 1970, which awarded him the AM
(3rd Award) with "V" Device; GO Number 9552, dated 18 August 1970, which
awarded him the ARCOM with "V" Device; GO 9830, dated 28 July 1969, which
awarded him the ARCOM for meritorious achievement during the period 1
February through
20 June 1969; and GO 8480, which awarded him the AM (3rd Award) for the
period 11 March through 4 June 1970.  There were no BSM or CIB orders
pertaining to the applicant filed on ADCARS.

12.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 3-14 contains guidance on award of the BSM.  It states,
in pertinent part, that it is awarded for heroism, meritorious achievement,
or meritorious service.  A "V" Device is authorized with the BSM for awards
made for heroism.  The BSM must be recommended and approved by the proper
authority, and must be announced in official orders.  The authority to
approve the BSM rests with Lieutenant General commanders, and may be
delegated to Major Generals or Brigadier Generals serving in Major General
positions.

13.  Paragraph 3-16 contains guidance on award of the AM.  It states, in
pertinent part, that it may be awarded for single acts of merit or heroism,
or for meritorious service.  A "V" Device is authorized with an AM awarded
for heroism. During the period in question, Oak Leaf Clusters were awarded
to denote the total number of AMs awarded.  Under current policy, Numerals
are awarded to denote a second or subsequent award of the AM.

14.  Paragraph 8-2 of the awards regulation contains guidance on award of
the CIB.  It states, in pertinent part, that a member must satisfy three
basic requirements to be awarded the CIB.  These requirements are that he
hold and serve in an infantry MOS; that he served in an infantry unit of
brigade, regimental or smaller size; and that he be personally present and
participate with his qualifying infantry unit while it is actively engaged
in ground combat with enemy forces.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the ARCOM with "V" Device, and the AM
with Numeral 3 with "V" Device be added to the list of awards contained on
his 8 July 1970 DD Form 214 was carefully considered and found to have
merit.

2.  The applicant's record includes orders that awarded the applicant the
AM
(3rd Award) with "V" Device for heroism in the RVN on 23 April 1970, and
orders that awarded him the ARCOM with "V" Device for heroism in the RVN on
10 April 1970 and the ARCOM for meritorious achievement during the period 1
February through 30 June 1970.  His record also includes orders that
awarded him the Aircraft Crew Member Badge.  Therefore it would be
appropriate to add the ARCOM with 1st Oak Leaf Cluster (2nd Award) with "V"
Device, AM with Numeral 3 (3rd Award) with "V" Device, and the Aircraft
Crew Member Badge to the list of awards contained in Item 24 of his 8 July
1970 DD Form 214.

3.  The applicant's contention that the BSM with "V" Device and CIB should
also be added to the list of awards contained on his DD Form 214 was also
carefully considered.  However, there is insufficient evidence to support
this claim.

4.  By regulation, in order to be added to the record and separation
document, the BSM must be approved by the proper award authority and
announced in official orders.  In this case, the applicant's MPRJ is void
of any orders or other documents indicating he was ever recommended for or
awarded the BSM, either with or without "V" Device, by proper authority
during his active duty tenure.

5.   Further, there are no BSM orders pertaining to the applicant in the
ADCARS file.  As a result, notwithstanding the NPRC letters he provided,
absent any orders confirming he was awarded the BSM by proper authority
while serving on active duty, there is an insufficient evidentiary basis to
support granting this portion of the requested relief.

6.  By regulation, in order to support award of the CIB, there must be
evidence confirming that the member held and served in an infantry MOS,
that he served in a qualifying infantry unit of brigade, regimental or
smaller size, and that he was personally present and participated with his
qualifying infantry unit while it was actively engaged in ground combat
with enemy forces.

7.  In this case, it is clear the applicant held and served in a chemical
MOS in a chemical unit while serving in the RVN.  Notwithstanding his
heroic combat service, as evidenced by his ARCOM and AM awards for heroism,
absent any evidence that he was awarded the CIB by proper authority while
serving on active duty, the regulatory criteria necessary to support award
of the CIB has not been met in this case.  This decision in no way detracts
from the applicant's outstanding and heroic service in the RVN.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___HOF_  __JTM __  __RCH__  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 amending his 8 July 1970 DD Form 214 by:

      a.  deleting the current list of awards contained in Item 24; and
replacing it with the entry "National Defense Service Medal, Army
Commendation Medal with
1st Oak Leaf Cluster (2nd Award) with "V" Device, Air Medal with Numeral 3
(3rd Award) with "V" Device, Army Good Conduct Medal, Vietnam Service Medal
with 1 silver service star and 1 bronze service star, Republic of Vietnam
Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with
Palm Unit Citation, Meritorious Unit Commendation, Aircraft Crew Member
Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and
3 Overseas Service Bars; and

      b.  providing him a correction to his separation document that
includes this change.

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 with "V" Device and the Combat Infantryman
Badge to the list of awards contained on his DD Form 214.




                                  _____Hubert O. Fry_____
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070011507                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/12/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/07/08                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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