IN THE CASE OF:	  

		BOARD DATE:	        13 NOVEMBER 2008

		DOCKET NUMBER:  AR20080013083 


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 that his records be corrected to reflect all of his authorized awards.

2.  The applicant states, in effect, that two awards, a Bronze Star Medal (BSM) and an Army Commendation Medal (ARCOM) are missing from his DD Form 214 and possibly another award of the BSM.  However, he desires to have all of his awards entered on his records.

3.  The applicant provides copies of his awards of the BSM and ARCOM.

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 in Memphis, Tennessee on 13 September 1966 for a period of 3 years.  He completed his basic combat training at Fort Campbell, Kentucky and his advanced individual training (AIT) as a field artillery operations and intelligence specialist at Fort Sill, Oklahoma.  He remained at Fort Sill as an instructor and subsequently attended Officer Candidate School (OCS) at Fort Sill.

3.  On 17 July 1967, he was honorably discharged to accept a commission as an officer in the Army.  He had served 10 months and 5 days of total active service and was awarded the National Defense Service Medal (NDSM) and the Good Conduct Medal (GCMDL).

4.  He was commissioned as a United States Army Reserve (USAR) field artillery second lieutenant on 18 July 1967 and he remained at Fort Sill for duty as a platoon leader in a training battery.  He was promoted to the rank of first lieutenant on 17 July 1969 and to the rank of captain on 18 July 1969.  On 13 October 1969, he was transferred to Vietnam for assignment to the United States Military Assistance Command - Vietnam (MACV) as an artillery advisor.  

5.  On 23 July 1970, Headquarters (HQ), MACV published General Orders Number 3953 awarding the applicant the Air Medal for meritorious service during aerial flight during the period of 30 October 1969 to 5 May 1970. 

6.  On 2 September 1970, HQ, MACV published General Order Number 4720 awarding the applicant the BSM for meritorious service during the period of 1 November 1969 to 1 February 1970.

7.  On 3 September 1970, HQ, MACV published General Orders Number 4725 awarding the applicant the ARCOM for meritorious achievement during the period of 1 May 1970 to 30 June 1970.

8.  He departed Vietnam on 13 September 1970 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) on 17 September 1970 for the purpose of attending school.  He had served 3 years and 2 months of active service as a commissioned officer for a total of 4 years and 5 days of total active service.  His DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the Air Medal and the Republic of Vietnam Campaign Medal.

9.  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 failed to reveal any additional individual awards awarded to the applicant.

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 that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation during the period he was assigned to the unit.  Additionally, it shows that the applicant served during four campaigns while in Vietnam and thus is entitled to be awarded four bronze service stars for wear on his already awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM and the ARCOM during his service in Vietnam and for reasons not explained in the available records, those awards were administratively omitted from his DD Form 214 at the time of his REFRAD.  Accordingly, it would be in the interest of justice to add them at this time.

2.  The applicant was also previously awarded the GCMDL and that award was also omitted from his DD Form 214 at the time of his REFRAD and likewise should be added at this time.

3.  Additionally, the applicant is entitled to award of the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his already awarded VSM to denote his campaign participation.

BOARD VOTE:

___X_____  ___X_____  ___X_____  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 showing that he was awarded the BSM, the ARCOM and the GCMDL and by awarding him the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his already awarded VSM.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20080013083





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ABCMR Record of Proceedings (cont)                                         AR20080013083



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