IN THE CASE OF:	

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080008311 


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, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to list the Bronze Star Medal; the Bronze Star Medal, with "V" Device; the Air Medal, with First Oak Leaf Cluster (correctly know as the Air Medal with Numeral 2); the Good Conduct Medal; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.

2.  The applicant states, in effect, that he received an early separation and none of the above awards caught up with him.  He also states that he made the same request on 5 August 1971 with negative results.  

3.  In support of his application, the applicant provides copies of his Air Medal citation, Air Medal certificate, two Bronze Star Medal certificates, Vietnam Combat certificate, his DD Form 214, and a newspaper article titled, "Boys and Girls in Service - Bronze Star."

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 military records show he was inducted into the Army of the United States, in pay grade E-1, on 6 August 1969.  He completed basic and advanced individual training and was awarded military occupational specialty 11B, light weapons infantryman.  

3.  The applicant's records show that he served in the Republic of Vietnam from 10 January 1970 to 3 December 1970, with Company C, 5th Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), during three campaigns.

4.  The applicant's records contain a copy of General Orders Number 20280, dated 20 November 1970, awarding him the Bronze Star Medal, for meritorious service, not involving participation in aerial flight, in connection with ground operations against a hostile enemy force in the Republic of Vietnam from January 1970 to January 1971.  This award is not shown on his DD Form 214.  The applicant also provided a copy of the resulting certificate for this award.

5.  The applicant's records further contain a copy of General Orders Number 21018, dated 2 December 1970, awarding him the Bronze Star Medal, with "V" Device, for heroism in connection with ground operations against a hostile enemy force in the Republic of Vietnam, on 4 November 1970.  This award is not shown on his DD Form 214.  The applicant further provided a copy of the resulting certificate for this award.

6.  The applicant's records also contain a copy of General Orders Number 21726, dated 16 December 1970, awarding him the Air Medal (2nd award), for meritorious achievement while participating in aerial flight in the Republic of Vietnam, from January to December 1970.  This award is not shown on his DD Form 214.

7.  The applicant's records also contain a copy of General Orders Number 203, dated 14 July 1971, awarding him the Good Conduct Medal, for the period of service from 6 August 1969 to 5 August 1971.  This award is not shown on his DD Form 214.

8.  The applicant was honorably released from active duty at the expiration of his term of service, in pay grade E-4, on 5 August 1971 and was transferred to the United States Army Reserve Control Group (Annual Training).

9.  Entries on the applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal, with Device 1960; the Combat Infantryman Badge; two Overseas Service Bars; and the Expert Marksmanship Qualification Badge, with Rifle Bar (M16).  

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.  Arabic numerals are now used instead of the oak leaf cluster for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

11.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

12.  Army Regulation 600-8-22 further authorizes 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 campaign or service medal including the Vietnam Service Medal.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit (7th Cavalry, 5th Battalion) was awarded the Valorous Unit Award, based on Department of the Army General Orders Number 43, dated 1972; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, based on Department of the Army General Orders Number 42, dated 1972; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, based on Department of the Army General Orders Number 42, dated 1972.








DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star Medal for meritorious service for the period January 1970 to January 1971 and the Bronze Star Medal, with "V" Device, for heroism on 4 November 1970, in the Republic of Vietnam, and these awards are not shown on his DD Form 214.  Therefore, it would be appropriate to correct his records to show award of the Bronze Star Medal, with First Oak Leaf Cluster and "V" Device.

2.  The available evidence shows the applicant was awarded the Air Medal (2nd award) for meritorious achievement for the period from January 1970 to December 1970.  Therefore, this award should be added to his DD Form 214.  

3.  The evidence of record further shows the applicant was awarded the Good Conduct Medal for the period of service from 6 August 1969 to 5 August 1971, and this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his records to show this award.

4.  General orders authorized the applicant’s unit to award of the Valorous Unit Award; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, during his tenure of assignment in Vietnam.  These unit awards are not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show these unit awards.

5.  The evidence of record also confirms the applicant is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  These service stars and awards are not shown on his DD Form 214 and should be added at this time.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

___X____  ___X____  ____X___  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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

	a.  by showing he was awarded the Bronze Star Medal, with First Oak Leaf Cluster and "V" Device; the Air Medal, with Numeral 2; and the Good Conduct Medal for the period 6 August 1969 to 5 August 1971;

	b.  by awarding him three bronze service stars to be affixed to his already-awarded Vietnam Service Medal; the Valorous Unit Award; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and 

	c.  by adding these awards to the list of awards shown on his DD Form 214, dated 5 August 1971, and providing him a corrected separation document that includes these awards.




      _______ _  X_______   ___
               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)                                         AR20080008311



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ABCMR Record of Proceedings (cont)                                         AR20080008311


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