IN THE CASE OF:	  

		BOARD DATE:	        28 AUGUST 2008

		DOCKET NUMBER:  AR20080007009 


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, in two applications dated 28 March 2008, that he be awarded the Bronze Star Medal and the Air Medal. 

2.  The applicant essentially states that it was traditional in his unit to be awarded the Bronze Star Medal when your tour of duty was over, and believes that his award of the Bronze Star Medal was overlooked because he was wounded in action and left Vietnam early, and that the officers in his command were reassigned immediately after returning from the mission in which he was wounded in action.  He also states, in effect, that he was under the impression that you needed 25 air assaults to be awarded the Air Medal, but recently learned that the number of air assaults is not the main factor in being awarded the Air Medal.  He further states that his former company commander from Vietnam was located, and that his former company commander has recommended him for award of both the Bronze Star Medal and the Air Medal. 

3.  The applicant provides previous applications, dated 1 September 2005, 
4 June 2006, 24 July 2006, and 20 August 2006; his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214), dated 21 August 2007; three pages of an unspecified Department of the Army General Order Number 25; two DA Forms 638 (Recommendation for Award), dated 13 August 2006 and 25 July 2006, in which a retired lieutenant colonel (LTC) essentially recommended the applicant for award of the Bronze Star Medal and the Air Medal; letters, dated 13 August 2006 and 25 July 2006, from the same retired LTC; his DA Form 20 (Enlisted Qualification Record); a self-authored letter, 
dated 28 March 2008, addressed to the Army Review Boards Agency Support Division in St. Louis, Missouri; two undated self-authored letters; a self-authored letter, dated 25 September 2006, addressed to the United States Army Human Resources Command Military Awards Branch; an unsigned statement, dated 
20 August 2006, with orders, dated 4 October 1968, which reassigned him to Vietnam; the record of proceedings from a previous application which was considered by the Army Board for Correction of Military Records (ABCMR) on 
8 February 2007; a letter, dated 11 January 2007, from the United States Army Human Resources Command Military Awards Branch to a Member of Congress; a letter, dated 21 August 2007, from the Army Review Boards Agency Support Division in St. Louis, Missouri to the applicant; a letter, dated 29 May 2006, from the National Personnel Records Center in St. Louis, Missouri to the applicant; a five-page Internet article which lists the criteria for award of the Presidential Unit Citation and an extract of Department of the Army General Orders Number 25, dated 8 June 2001; and a letter from a Member of Congress' office to the Office of the Chief Legislative Liaison, which was received by the latter office on 9 April 2008 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 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 records show that he enlisted in the Regular Army on 
14 August 1967.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 91A (Medical Corpsman), and was later awarded MOS 11B (Light Weapons Infantryman).  After completing airborne training, he served his first permanent duty assignment at Fort Bragg, North Carolina. He departed for the Republic of Vietnam on 5 October 1968, and was assigned to Special Operations Augmentation, Command and Control, 5th Special Forces Group on 12 October 1968.  He was wounded in action on or about 23 February 1969 when a round from a 60 millimeter mortar that he was firing went off in the chamber prematurely and injured his hands.  He was medically evacuated on 26 February 1969 and transferred to the Medical Holding Detachment, United States Army Hospital, Fort MacArthur, California.  He was reassigned to Fort Bragg, North 
Carolina in September 1969, where he served until he was honorably released from active duty on 13 August 1970.  His DD Form 214, as amended by his DD Form 215, dated 21 August 2007, essentially shows that he was awarded the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with Three Bronze Service Stars, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the basic Parachutist Badge, the Meritorious Unit Commendation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  The fact that the applicant's award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation shown on his DD Form 214 was deleted by his 
DD Form 215 will be addressed later in these proceedings.

3.  The applicant requested that he be awarded the Bronze Star Medal and the Air Medal, and stated that he believes that his award of the Bronze Star Medal was overlooked because he was wounded in action and left Vietnam early, and that the officers in his command were reassigned immediately after returning from the mission in which he was wounded in action.  The applicant was wounded in action on or about 23 February 1969, and was medically evacuated a few days later, which corroborates the applicant's belief.  Additionally, he provided, in pertinent part, two DA Forms 638, dated 13 August 2006 and 25 July 2006, in which a retired LTC essentially recommended the applicant for award of the Bronze Star Medal and the Air Medal.  He also provided letters, dated 13 August 2006 and 25 July 2006, from the same retired LTC who articulated why he was recommending the applicant for award of the Bronze Star Medal and the Air Medal.  Both of the letters from the retired LTC essentially stated that at the time, he was a captain who served as the commanding officer of Company A, Command and Control North, 5th Special Forces Group during the period 4 October 1968 through 23 February 1969, and as such was the commanding officer of the applicant at that time.  The retired LTC also stated that the applicant was a squad leader supporting operations throughout I Corps and participated in many flights, including those in support of combat operations near and across the border of Vietnam.  The retired LTC further stated that these operations were mainly reconnaissance which were designed to gather intelligence and interrupt North Vietnamese operations on the Ho Chi Minh Trail in Laos, to search for downed pilots, and to infiltrate and exfiltrate small teams of highly trained United States and Vietnamese Soldiers.  The retired LTC continued, in pertinent part, by stating that the company was primarily manned by Vietnamese Nung soldiers, and that the applicant's duties included training these indigenous combatants and participating in the aerial operations, and that most of the flights that the applicant participated in were deep into enemy territory and usually accompanied by heavy fire into and out of landing zone areas.  The retired LTC also stated that he was pleased to recommend the applicant for award of the Bronze Star Medal and the Air Medal, as his efforts and accomplishments were in keeping with the highest standards of the United States Army.  It should be noted that the retired LTC provided his social security number 
and his home address in South Carolina, and a check of the Integrated Personnel Electronic Records Management System confirmed the authenticity of the retired LTC.  Additionally, in a telephone conversation on 31 July 2008, the retired LTC verbally confirmed to the analyst in this case that he personally prepared the recommendations for award of the Bronze Star Medal and the Air Medal for the applicant.

4.  In a letter, dated 11 January 2007, the United States Army Human Resources Command Military Awards Branch advised a Member of Congress that there was insufficient documentation in the applicant's request for award of the Bronze Star Medal to forward to the Army Decorations Board for consideration.  This letter also advised a Member of Congress that their office could not act upon the applicant's request for award of the Air Medal because he had a current petition pending before the ABCMR, and that their office could not act upon cases that are either pending Board review or have had a formal determination rendered by the Board. 

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214 or 
DD Form 215.

6.  The applicant's military records do not show that he was awarded the Presidential Unit Citation.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he was assigned to the Special Operations Augmentation, Command and Control, 5th Special Forces Group, a subordinate unit of the United States Military Assistance Command.  However, it did not clarify if he was assigned to Command and Control North, Center, or South.  However, the retired LTC indicated that he and the applicant were assigned to Command and Control North.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988 lists the majority of the unit awards received by units serving in Vietnam.  Although this document does not show that the Presidential Unit Citation was awarded to the Special Operations Augmentation, Command and Control North at the time of the applicant’s assignment to this unit, it was cited for award of the Presidential Unit Citation by Department of the Army General Orders Number 25, dated 8 June 2001. 

7.  The applicant's DD Form 215 deleted the applicant's award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  However, although there is no entry directly under Special Operations Augmentation, Command and Control North, 5th Special Forces Group awarding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Military Assistance Command and its subordinate units for the period 8 February 1962 to 28 March 1973.
8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the Air Medal is awarded to any person who, while serving in any capacity in or with the U.S. Army, will have distinguished himself or herself by meritorious achievement while participating in aerial flight.  Award of the Air Medal is primarily intended to recognize those personnel who are on current crewmember or noncrewmember flying status which requires them to participate in aerial flight on a regular and frequent basis in the performance of their primary duties.  However, it may also be awarded to certain other individuals whose combat duties require regular and frequent flying in other than a passenger status.  These individuals must make a discernible contribution to the operational land combat mission or to the mission of the aircraft in flight.  Examples of personnel whose combat duties require them to fly include those in the attack elements of units involved in air-land assaults against an armed enemy and those directly involved in airborne command and control of combat operations.  Awards will not be made to individuals who use air transportation solely for the purpose of moving from point to point in a combat zone. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Bronze Star Medal and the Air Medal. 

2.  The evidence provided by the applicant, in the form of the recommendations for award of the aforementioned medals and the letters from the retired LTC were carefully considered, and found to have merit.  The evidence of record shows that the applicant's service in Vietnam was cut short by his wounds received in the heat of battle, and the authenticity of the retired LTC, who stated that he was the applicant's commanding officer during the applicant's service in Vietnam, has been conclusively established.  Based upon the evidence provided by the retired LTC, it would be appropriate at this time to award the applicant the Bronze Star Medal and the Air Medal, and to correct his military records to show the award of the Bronze Star Medal and the Air Medal.

3.  General orders awarded the Special Operations Augmentation, Command and Control North, 5th Special Forces Group the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show these unit awards.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Bronze Star Medal for meritorious service not involving participation in aerial flight in connection with military operations against an armed enemy in Vietnam from 5 October 1968 to 23 February 1969 while serving as a specialist four;

	b.  awarding him the Air Medal for meritorious achievement while participating in aerial flight from 12 October 1968 to 23 February 1969 while serving as a specialist four; and

	c.  awarding him the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ___        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)                                         AR20080008320



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ABCMR Record of Proceedings (cont)                                         AR20080007009



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