IN THE CASE OF:	

		BOARD DATE:	       17 September 2008 

		DOCKET NUMBER:  AR20080007461 


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 effect, that his Bronze Star Medal for meritorious service be upgraded to the Bronze Star Medal with “V” Device.  He also requests award of the Parachutist Badge and a second award of the Air Medal (correctly known as the Air Medal with Numeral 2).   

2.  The applicant states, in effect, that he earned the Bronze Star Medal for pulling Vietnamese civilians from a burning bus, that he received two awards of the Purple Heart, that he was awarded the Combat Medical Badge, and that he flew 55 combat air assaults.  He states that these accomplishments alone justify valor.  He also contends that he earned his “jump wings” [i.e. the Parachutist Badge] when he went through jump school and that since he flew 55 combat air assaults he is entitled to a second award of the Air Medal.  

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge); a citation, an award certificate, and orders for the Bronze Star Medal for meritorious service; orders for the Air Medal; and a letter, dated 14 April 2008, from the National Personnel Records Center in St. Louis, Missouri to a Member of Congress.  

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 enlisted on 10 October 1966 for a period of 3 years.  He arrived in Vietnam on 29 November 1967.  He served as a medic assigned to Headquarters and Headquarters Company (HHC), 3rd Battalion, 503rd Infantry of the 173rd Airborne Brigade in Vietnam from 5 December 1967 through 
7 September 1968.  He was assigned to Company A (Admin), 173rd Support Battalion in Vietnam from 8 September 1968 through 25 November 1968.  He was assigned to HHC, 4th Battalion (Airborne), 503rd Infantry of the 173rd Airborne Brigade in Vietnam from 26 November 1968 through 30 March 1969.  He was assigned to Company A (Admin), 173rd Airborne Brigade in Vietnam from 31 March 1969 through 2 July 1969.  On 5 July 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Combat Medical Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Purple Heart with First Oak Leaf Cluster, the Air Medal, three awards of the Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, 8th Infantry Division Special Orders Number 188, dated 7 July 1967, show the applicant was awarded the Parachutist Badge. 

5.  Headquarters, 173d Airborne Brigade General Order Number 1149, dated 
5 May 1969, show the applicant was awarded the basic award of the Air Medal for the period 2 November 1967 to 1 October 1968.  

6.  There are no orders for a second award of the Air Medal in the available records.

7.  Headquarters, 173d Airborne Brigade General Order Number 1738, dated 
7 July 1969, show the applicant received the Bronze Star Medal for meritorious service in conjunction with military operations against a hostile force for the period October 1967 to July 1969.  
8.  There are no orders for the Bronze Star Medal with “V” Device in the available records.  There is no evidence of record which shows the applicant was recommended for award of the Bronze Star Medal with “V” Device. 

9.  Records show the applicant participated in seven campaigns during his assignment in Vietnam.

10.  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 the applicant's unit (173rd Support Battalion) is entitled award of the Meritorious Unit Commendation for actions during the period 1 June 1969 to 31 December 1969 based on Department of the Army General Orders Number 48, dated 1971.

11.  Department of the Army Pamphlet 672-3 shows the applicant’s unit 
(3rd Battalion, 503rd Infantry) is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971.  

12.  Department of the Army Pamphlet 672-3 also shows the applicant's unit 
(173rd Support Battalion) is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 5, dated 1973.  

13.  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.  The regulation states that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  

14.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  

15.  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force, or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire, or under hazardous weather or terrain conditions.

16.  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or     100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II and III flight time and adjust it to a common denominator.

17.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

18.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

19.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.





DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was recommended for or awarded the Bronze Star Medal with “V” Device.  Therefore, there is insufficient evidence on which to upgrade the applicant’s Bronze Star Medal for meritorious service to the Bronze Star Medal with “V” Device for valor.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal with “V” Device, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal with “V” Device by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

2.  Orders show the applicant received the Parachutist Badge and the Bronze Star Medal.

3.  Since there are no orders for a second award of the Air Medal, there is insufficient evidence on which to base a second award of the Air Medal.
While the available evidence is insufficient for awarding the applicant a second award of Air Medal, this in no way affects the applicant’s right to pursue his claim for a second award of the Air Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

4.  The applicant participated in seven campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with one silver service star and two bronze service stars.

5.  The applicant’s unit (173rd Support Battalion) was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  

6.  The applicant’s unit (3rd Battalion, 503rd Infantry) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  
 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  ____xx__  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 adding the Parachutist Badge, the Bronze Star Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214.

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 upgrading his Bronze Star Medal to the Bronze Star Medal with “V” Device and a second award of the Air Medal.



      _______xxxx___________
               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)                                         AR20080007461



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ABCMR Record of Proceedings (cont)                                         AR20080007461



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