IN THE CASE OF:	  

		BOARD DATE:	        15 January 2009

		DOCKET NUMBER:  AR20080015333 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, and the "Airborne Wings" (i.e., Parachutist Badge).

2.  The applicant states that he was in Dak To with the 173rd Airborne Brigade.  He adds that his research shows that the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation were awarded to his unit while he was there.  He also adds that he has the certificate for the Bronze Star Medal and that his airborne wings are safely stored away.

3.  The applicant provides a copy of a certificate, dated 23 August 1968, that shows he was awarded the Bronze Star Medal, in support of his 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.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 already shows award of the Parachutist Badge.  Therefore, the Parachutist Badge will not be discussed further in the Record of Proceedings.

3.  The applicant’s records show he enlisted in the Regular Army for a period of 3 years on 26 October 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 12B (Combat Engineer).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 9 August 1968.  The highest rank he attained during his military service was sergeant.

4.  The applicant's records also show he served in Vietnam from 13 July 1967 to 6 August 1968.  He was assigned to the 173rd Engineer Company, 173rd Airborne Brigade.  

5.  Item 24 of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Republic of Vietnam Campaign Medal with 1960-Device, the Vietnam Service Medal, the Meritorious Unit Commendation, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and two Overseas Service Bars.  Item 24 does not show award of the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and/or the Presidential Unit Citation.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 173rd Engineer Company was awarded the Presidential Unit Citation, from 6 November 1967 to 23 November 1967, based on Department of the Army General Orders Number 5, dated 1979, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 5 May 1965 to 26 September 1970, based on Department of the Army General Orders Number 42, dated 1969.

7.  There are no general orders in the applicant's records that show he was awarded the Bronze Star Medal.





8.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Bronze Star Medal orders on file for the applicant.

9.  The applicant submitted a copy of certificate, dated 23 August 1968, showing he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from September 1967 to September 1968. 

10.  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. 

11.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET 69 Counteroffensive and the Vietnam Counteroffensive, Phases III, IV, and V, campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Headquarters, 101st Airborne Division, Fort Campbell, Kentucky, Special Orders Number 191, dated 8 August 1966, show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) on 26 July 1966.

14.  Headquarters, 101st Airborne Division, Fort Campbell, Kentucky, Special Orders Number 191, dated 8 August 1966, show that the applicant was awarded the Second Class (now know as Marksman) Marksmanship Qualification Badge with Grenade Launcher Bar (M-79) on 27 July 1966.

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation which are not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) and the Marksman Marksmanship Qualification Badge with Grenade Launcher Bar      (M-79), which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

4.  With respect to the Bronze Star Medal, the certificate submitted by the applicant is insufficient to show award of the bronze Star Medal.  Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to correct his DD Form 214 to show the Bronze Star 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 adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), the Marksman Marksmanship Qualification Badge with Grenade Launcher Bar (M-79), and four bronze service stars to be affixed to his already- awarded Vietnam Service Medal to 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 the Bronze Star Medal. 



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      _______ _   _______   ___
               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)                                         AR20080015333



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ABCMR Record of Proceedings (cont)                                         AR20080015333



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