RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 April 2008
	DOCKET NUMBER:  AR20070013746 


	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

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. Lester Echols 

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Jeffrey C. Redmann

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 award of the Bronze Star Medal.

2.  The applicant states, in effect, that he was recommended and approved for award of the Bronze Star Medal which is not shown in military records.  

3.  The applicant provided copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 27 April 1972 and a USARV Form 157-R (Recommendation for Award for Valor or Merit (USARV Reg 672-5-1)), dated 8 May 1972 for award of the Bronze Star Medal provided in support of this application.

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.  Records show the applicant was inducted into the Army of the United States on 22 January 1971.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator).  The applicant was honorably released from active duty on 27 April 1972, and transferred to the United States Army Reserve (USAR) Control Group (Annual Training).

3.  The applicant's record shows he served in the Republic of Vietnam while assigned to Headquarters and Headquarters Command, 2nd Battalion (Airmobile) of the 506th Infantry during the 12 September 1971 through
4 December 1971, and with Headquarters, 12th Combat Aviation Group during the period 9 December 1971 through 24 April 1972.  


4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Bronze Star Medal.  There are no general orders in the applicant's record to show he was awarded the Bronze Star Medal.

5.  The applicant provides a copy of his USARV Form 157-R (Recommendation for Award for Valor or Merit (USARV Reg 672-5-1)), dated 8 May 1972 for award of the Bronze Star Medal.  This form shows in block 17 (Narrative Description) that the applicant distinguished himself by exceptionally meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 4 September 1971 to 29 April 1972.  This form was certified by the West Virginia Division of Veterans Affairs on 25 September 2007.  The recommendation does not show that it was forwarded to and/or signed by the approval authority.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

7.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  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, at the time of the applicant's assignment to Headquarters and Headquarters Command, 2nd Battalion (Airmobile) of the 506th Infantry in the Republic of Vietnam the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 6, dated 1974.

9.  The applicant's record shows that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  His records indicate he participated in the Consolidation I, Consolidation II, and the Vietnam CEASE-FIRE campaigns.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in three campaigns during his tour of duty in Vietnam.  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 he is entitled to award of the Bronze Star Medal based on his commanding officer’s recommendation of this award.

2.  Although the applicant provided copies of his commanding officer's recommendation to award him the Bronze Star Medal, there is no evidence in the applicant's service records which shows that the recommendation for approval of this personal decoration went through the proper chain of command and was announced in orders.  Therefore, there is insufficient evidence upon which to base award of the Bronze Star Medal.

3.  General Orders awarded the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to have his records corrected to show this foreign unit award.

4.  Records show that the applicant participated in the three campaigns during his service in Vietnam and is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  Therefore, the applicant is entitled to have his DD Form 214 corrected to show this award.

5.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JRS___  __LE___  _LWR___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to award the Bronze Star Medal.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 





__Lester Echols _
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.