IN THE CASE OF:	  

	BOARD DATE:	  3 July 2008

	DOCKET NUMBER:  AR20080000857 


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 reconsideration of his earlier request for correction of his records to show award of the Bronze Star Medal.

2.  The applicant states that he actually received two awards of the Bronze Star Medal and although he has the citations, he did not receive the orders.  He further adds that he is entitled to those awards and that he served in four campaigns in the Republic of Vietnam and he was most certainly awarded the Bronze Star Medals.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  Copies of citation and certificate showing he was awarded the Bronze Star Medal from 1 April 1969 to 31 January 1970.

	b.  Copy of citation that shows he was awarded the Bronze Star Medal from 1 July 1969 to 30 April 1970.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070008144, on 14 November 2007.

2.  The applicant submitted copies of citation and certificate showing he was awarded the Bronze Star Medal from 1 April 1969 to 31 January 1970 and a copy of citation that shows he was awarded the Bronze Star Medal from 1 July 1969 to 30 April 1970, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrants consideration by the Board.

3.  The applicant's records show that he was inducted into the Army of the United States on 9 November 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 67Y (AH-1 Helicopter Repairman).  He attained the rank/grade of specialist five (SP5)/E-5 and was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 11 June 1970.

4.  The applicant’s records further show he served in the Republic of Vietnam from 4 March 1969 to 10 June 1970.  He was assigned to Company D, 158th Aviation Battalion, 101st Airborne Division.  

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 11 June 1970, shows he was awarded the National Defense Service Medal, the Air Medal, the Parachutist Badge, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), three Overseas Service Bars, the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Campaign Medal.  Item 24 does not show awards of the Bronze Star Medal.

6.  On 14 November 2007, the Army Board for Correction of Military Records (ABCMR) rendered a decision on the applicant’s request and granted partial relief for award of the Air Medal with “V” Device, the Army Commendation Medal, the 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.  The DD Form 215 (Correction to the DD Form 214) is awaiting implementation.

7.  Headquarters, 101st Airborne Division, General Orders Number 1075, dated 3 February 1970, show that the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from 1 April 1969 to 31 January 1970.  


8.  Headquarters, 101st Airborne Division, General Orders Number 4770, dated 28 April 1970, show that the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from 1 July 1969 to 30 April 1970.

9.  The applicant submitted a copy of citation and certificate showing he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period from 1 April 1969 to 31 January 1970.

10.  The applicant also submitted a copy of citation showing he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 1 July 1969 to 30 April 1970.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was issued two separate orders, awarding him two awards of the Bronze Star Medal for two overlapping periods of meritorious service in the Republic of Vietnam, that are also consistent with the periods of service on the citations and certificate submitted by the applicant.  

2.  However, it appears that the applicant was awarded one Bronze Star Medal for meritorious “achievement” from 1 April 1969 to 31 January 1970 and a second Bronze Star Medal for meritorious “service” from 1 July 1969 to 30 April 1970; yet, for unknown reasons, both orders, issued by the same Headquarters, show meritorious “service.”  Therefore, there is sufficient evidence to show that the applicant was awarded two awards of the Bronze Star Medal during his service in the Republic of Vietnam and is entitled to correction of his records to show both awards.  

BOARD VOTE:

__xxx___  __xxx___  __xxx___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20070008144, dated 14 November 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Bronze Star Medal (1st Oak Leaf Cluster) in Item 24 of the applicant's DD Form 214, dated 11 June 1970.




							XXX
       _    _______   ___
       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.



ABCMR Record of Proceedings (cont)                                         AR20080000857





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ABCMR Record of Proceedings (cont)                                         AR20080000857



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