IN THE CASE OF:	  

		BOARD DATE:	        06 NOVEMBER 2008

		DOCKET NUMBER:  AR20080012100 


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 military records be corrected to show the award of the Bronze Star Medal and the Army Commendation Medal with "V" Device.

2.  The applicant essentially states that the aforementioned medals were awarded to him, but are not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also states that he earned these medals for combat in Vietnam, and that they were given to him at Fort Snelling, Minnesota.

3.  The applicant provides no additional evidence 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 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 that he enlisted in the Regular Army on 2 August 1963.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 112 (Infantry Indirect Fire Crewman), which was subsequently converted to MOS 11C with the same duty title.  He served a tour in Korea from 17 January 1964 to 8 February 1965, and then was reassigned to Fort Hood, Texas, in March 1965.  In July 1965, he was reassigned to Fort Riley, Kansas, and assigned to Troop C, 1st Squadron, 4th Cavalry Regiment.  This unit made a permanent change of station to Vietnam in September 1965.  He departed Vietnam on or about 23 July 1966 and was honorably released from active duty on 24 July 1966.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, and the Expert Infantryman Badge.

3.  The applicant requested that his military records be corrected to show the award of the Bronze Star Medal.  His DD Form 214 does not show that he was awarded the Bronze Star Medal, nor is there an entry in item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) for this award.  There are no orders in his military records awarding him the Bronze Star Medal, and a search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to produce any orders awarding him the Bronze Star Medal.

4.  The applicant's DD Form 214 does not show that he was awarded the Army Commendation Medal with "V" Device.  However, he was awarded the Army Commendation Medal with "V" Device by Headquarters, 1st Infantry Division, General Orders Number 1596, dated 13 August 1966.

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.

6.  The applicant's DD Form 214 does not show that he was awarded the Good Conduct Medal.  However, he was awarded the Good Conduct Medal by Headquarters, 1st Infantry Division, General Orders Number 1413, dated 29 July 1966.

7.  The applicant's DD Form 214 does not show that he was awarded the Korea Defense Service Medal.  However, the applicant served a tour in Korea from 17 January 1964 to 8 February 1965.

8.  The applicant's DD Form 214 does not show that he was awarded the Republic of Vietnam Campaign Medal.  However, the applicant served more than 6 months in Vietnam during a qualifying period for this award.

9.  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 that at the time of the applicant’s assignment to the 1st Squadron, 4th Cavalry Regiment, the squadron was cited for award of the Presidential Unit Citation by Department of the Army General Orders Number 31, dated 1967, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 21, dated 1969.  This document also shows that at the time of the applicant's assignment to Troop C, 1st Squadron, 4th Cavalry Regiment, the troop was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

10.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Defense campaign, the Vietnam Counteroffensive campaign, and the Vietnam Counteroffensive Phase II campaign.

11.  Army Regulation 600-8-22 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.

12.  Army Regulation 600-8-22 also provides, in pertinent part, that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles, and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:

	a.  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility;

	b.  wounded or injured in the line of duty and required medical evacuation from the area of eligibility; or

	c.  participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30- or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.

13.  Army Regulation 600-8-22 further provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Bronze Star Medal and the Army Commendation Medal with "V" Device.

2.  As there are no orders in the applicant's military records or in ADCARS awarding the applicant the Bronze Star Medal, and the fact that the applicant provided no evidence which shows that he was awarded the Bronze Star Medal, there is no basis for correcting his military records to show this award.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  General orders awarded the applicant the Army Commendation Medal with "V" Device, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Army Commendation Medal with "V" Device.

4.  General orders also awarded the applicant the Good Conduct Medal, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Good Conduct Medal.

5.  The applicant served more than 30 consecutive days in Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, he is entitled to award of the Korea Defense Service Medal and correction of his military records to show this award.

6.  The applicant served more than 6 months in Vietnam during a qualifying period for award of the Republic of Vietnam Campaign Medal.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal and correction of his military records to show this award.

7.  General orders awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 1st Squadron, 4th Cavalry Regiment, while the applicant was assigned to this squadron.  General orders also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to Troop C, 1st Squadron, 4th Cavalry Regiment, while the applicant was assigned to this troop.  Therefore, he is entitled to award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.

8.  The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ____X____  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:

	a.  showing the award of the Army Commendation Medal with "V" Device and the Good Conduct Medal;

	b.  awarding him the Korea Defense Service Medal, the Republic of Vietnam Campaign Medal, the Presidential Unit Citation, 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.  showing three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 correcting his military records to show the award of the Bronze Star Medal.

3.  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)                                         AR20080012100



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ABCMR Record of Proceedings (cont)                                         AR20080012100



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