IN THE CASE OF:	  

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080010188 


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 he be awarded the Bronze Star, with "V" Device.  Although not specifically expressed, it appears the applicant is requesting a correction to the number of Air Medals he received while he served in Vietnam.

2.  The applicant states, in effect, that he was supposed to be awarded the Bronze Star Medal, with "V" Device.  He was also issued the Air Medal, 1st through 3rd Oak Leaf Cluster (OLC) twice for service in Vietnam from 1967 to 1968 and from 1972 to 1973.  He was involved in the rescue of a LRRP (Long-Range Reconnaissance Patrol) under heavy enemy fire with "00" visibility and with injuries in 1968.  They were evacuated out of a very small LZ (landing zone) and were informed that they would get the Bronze Star Medal, with "V" Device, due to hostile fire; however, he left the country before it was issued.  He adds that the award of the Bronze Star Medal, with "V" Device, is required for verification of PTSD (Post Traumatic Stress Disorder) and other facts under VA (Department of Veterans Affairs) consideration for disability.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty), dated 10 August 1976, and a letter from a retired pilot in support of his request. 





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 record shows he entered active duty on 7 March 1967.  He was trained as a Helicopter Repairman, in military occupational specialty (MOS) 67N.  He was promoted to specialist four (SP4/E-4) effective 5 April 1968.  He served in Vietnam from 24 September 1967 to 18 September 1968.  

3.  While in Vietnam, Headquarters, 9th Infantry Division General Orders Number 4901, dated 20 June 1968, were published awarding the applicant the first award of the Air Medal, for the period 8 April 1968 to 28 April 1968.  

4.  On 6 October 1968, Headquarters, II Field Force Vietnam General Orders Number 1398 were published awarding the applicant the Air Medal, 1st OLC through the 5th OLC. 

5.  The applicant was honorably discharged on 4 September 1969, for the purpose of immediate reenlistment.

6.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 4 September 1969, shows he was awarded the Air Medal, with 5th OLC; the Aircraft Crewmember Badge; the National Defense Service Medal; the Republic of Vietnam Campaign Medal; and the Vietnam Service Medal.  His DD Form 214 does not show any additional awards or the Bronze Star Medal, with "V" Device, as an authorized award.

7.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Bronze Star Medal, with "V" Device.

8.  The applicant reenlisted on 5 September 1969.  He was promoted to specialist five (SP5/E-5) effective on 26 July 1970.  He served in Vietnam from 6 October 1972 to 8 February 1973.  
9.  On 9 February 1973, Headquarters, 1st Aviation Brigade General Orders Number 1007 were published awarding the applicant the Air Medal, 1st through the 3rd Award, for the period 1 November 1972 to 27 January 1973.

10.  The applicant's records contain a copy of an award citation which shows that the applicant was awarded the Air Medal, 7th through the 9th Award, for distinguishing himself by meritorious achievement while participating in sustained aerial flight in support of combat grounded forces of the Republic of Vietnam during the period 1 November 1972 to 27 January 1973. 

11.  On 16 May 1975, the Assistant Chief, Military Awards Branch, US Army Military Personnel Center (now known as US Army Human Resources Command) prepared a letter, Subject:  Letter Order - Amendment of Orders.  The awards branch amended General Orders Number 1007, dated 9 February 1973, to show that the applicant was awarded the Air Medal, 7th through the 9th Award.

12.  The applicant was honorably discharged on 10 July 1975, for the purpose of immediate reenlistment.   

13.  The applicant's DD Form 214, dated 10 July 1975, shows he was awarded the National Defense Service Medal; the Air Medal, 2nd through the 7th Award; the Aircraft Crewmember Badge; two Overseas Service Bars; and the Good Conduct Medal, 2nd Award.  His DD Form 214 does not show any additional awards.

14.  The applicant reenlisted on 11 July 1975.  He served until he was honorably discharged on 10 August 1976.  His DD Form 214, dated 10 August 1976, shows he was awarded the Air Medal, 1st OLC; the Aircraft Crewmember Badge; two Overseas Service Bars; the Good Conduct Medal, 2nd Award; and the Air Medal, 2nd OLC.  His DD Form 214 does not show any additional awards.

15.  There is no evidence in his records to show that he was considered or recommended for or awarded the Bronze Star Medal, with "V" Device, for heroism.







16.  The applicant provided a copy of a letter from a retired pilot involved in the extraction of LRRP who served with him in Vietnam.  The retired pilot described a crash that occurred at Bien Hoa, Vietnam.  He elaborated on the rescue of the LRRP, that took place under heavy enemy fire, and how small the LZ was.  

17.  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.  The bronze "V" device indicates act of heroism involving conflict with an armed enemy.

18.  There are no orders or other evidence on file in his military records that confirms award of the Bronze Star Medal, with "V" Device.  In the absence of authority for this award, he may request award of the Bronze Star Medal, with "V" Device, under the provisions of Section 1130 of Title 10 of the United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Section 1130 of Title 10 of the United States Code.  As a result, the request for award of Bronze Star Medal, with "V" Device, will not be discussed further in this Record of Proceedings.

19.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the five bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.  

20.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Valorous Unit Award, by Department of the Army General Orders (DAGO) Number 28, dated 1969; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO Number 60, dated 1969; while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was awarded the Air Medal, 1st through 5th OLC, for his service in Vietnam during the period 24 September 1967 to 18 September 1968.  


2.  The applicant was awarded the Air Medal, 1st through the 3rd Award, by General Orders Number 1007, dated 9 February 1973, during his second tour of duty in Vietnam, for the period 6 October 1972 to 8 February 1973.  This general order was amended by the Awards Branch, AHRC, on 9 February 1973, to show that he was awarded the Air Medal, 7th through the 9th Award.

3.  It is presumed that applicant never received a copy of the amended orders from the Awards Branch which were published prior to his discharge, and is unaware of the action to correct the number of Air Medals that he was awarded.  

4.  Even though general orders awarding the applicant a 6th Award of the Air Medal were not located in his service personnel records, it is presumed he was awarded a 6th Award since he was awarded a 7th through 9th Award of the Air Medal.  Based on the evidence, the applicant is eligible for a correction to his DD Form 214, with an effective date of 10 August 1976, to show he was awarded the Air Medal 7th through 9th Award.

5.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in five campaigns; therefore, he is entitled to award of one silver service star to be affixed to his already-awarded Vietnam Service Medal.

6.  The units the applicant was assigned to while he served in Vietnam were cited for award of the Valorous Unit Award and Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, at the time he was a member of the unit.  He is therefore entitled to correction of his records to show these unit awards.

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 by:

   a.  adding the already-awarded Air Medal (9th Award) to his DD Form 214, dated 10 August 1976;

   b  awarding the applicant one silver service star to be affixed to his already-awarded Vietnam Service Medal and show this star on his DD Form 214, dated 10 August 1976; and

	c.  awarding the applicant the Valorous Unit Award and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these awards to his DD Form 214, dated 10 August 1976.




      _______ _ 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)                                         AR20080010188



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ABCMR Record of Proceedings (cont)                                         AR20080010188



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