IN THE CASE OF:	  

		BOARD DATE:	  22 January 2009

		DOCKET NUMBER:  AR20080015947 


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 show his award of the Bronze Star Medal with third oak leaf cluster and the Air Medal. 

2.  The applicant states, in effect, that these awards are missing from his DD Form 214.

3.  In support of his application, the applicant provides copies of his DD Form 214, and certificates for award of the Bronze Star Medal with third oak leaf cluster and the Air Medal.

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 9 July 1969.  He completed basic and advanced training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 4 December 1969 to 10 November 1970 for three campaigns:  Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.  His records further show he served with Company C, 5th Battalion, 60th Infantry Regiment, 3rd Brigade, 9th Infantry Division from 16 December 1969 to 23 September 1970 and with Company D, 1st Battalion, 1st Cavalry Division from 24 September 1970 to 6 November 1970.

3.  The applicant's records contain Headquarters, II Field Force Vietnam General Orders Number 3331, dated 18 August 1970, awarding him the Air Medal for meritorious achievement while participating in sustained aerial flight, from 19 December 1969 to 24 February 1970.  His records also contain the resulting citation.  

4.  The applicant submits a copy of a certificate, dated 20 August 1970, for award of the Air Medal for the foregoing period.

5.  The applicant's records also contain Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 18617, dated 25 October 1970, awarding him the Bronze Star Medal with third oak leaf cluster, for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam, from December 1969 to December 1970.  

6.  The applicant also submits a copy of a certificate, dated 25 October 1970, for award of the Bronze Star Medal with third oak leaf cluster for the foregoing period.

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

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, lists the following awards:  the National Defense Service Medal; the Vietnam Service Medal with two bronze service stars; the Republic of Vietnam Campaign Medal; the Army Commendation Medal; the Good Conduct Medal; the Combat Infantryman Badge; the Expert Marksmanship Qualification Badge with Rifle Bar
(M-14); and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  The Bronze Star Medal with third oak leaf cluster and the Air Medal are not listed.
9.  Army Regulation 600-8-22 (Military Awards) 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant’s unit, 5th Battalion, 60th Infantry, at the time of his assignment, 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 55, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, based on Department of the Army General Orders Number 55, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal with third oak leaf cluster and the Air Medal.  The evidence of record confirms that official orders awarded the applicant the Bronze Star Medal with third oak leaf cluster on 25 October 1970 and the Air Medal on 18 August 1970.  However, these awards are not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 show these awards.

2.  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.  Therefore, it would be appropriate to correct his DD Form 214 show award of the Vietnam Service Medal with three bronze service stars.

3.  General orders awarded the applicant’s unit 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 his records should be corrected to show these unit awards.

4.  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 by:

   a.  deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars;
   
   b.  adding to his DD Form 214 the Bronze Star Medal with third oak leaf cluster, the Air Medal, the Vietnam Service Medal with three bronze service stars, 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.  providing him a corrected separation document that includes these changes.



      _________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)                                         AR20080015947



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ABCMR Record of Proceedings (cont)                                         AR20080015947


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