IN THE CASE OF:	  

		BOARD DATE:	  21 January 2009

		DOCKET NUMBER:  AR20080016562 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Bronze Star Medal (BSM), Vietnam Combat Medal and all other awards to which he may be entitled.

2.  The applicant states, in effect, that a colonel awarded him the BSM during his military service in Chu Li, Vietnam.  He also states that he served in combat and should be awarded the Vietnam Combat Medal.

3.  The applicant provides a copy of his DD Form 214 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 military record shows he was inducted into the Army of the United States and entered active duty on 29 July 1969.  He completed basic combat training at Fort Polk, Louisiana, and advanced individual training (AIT) at Fort Sill, Oklahoma.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 13B (Field Artillery Crewman).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 8 January 1970 to 27 January 1971.  Item 41 (Awards and Decorations) does not include the BSM.

4.  The applicant's record contains no orders or other documents that indicate he was ever recommended for or awarded the BSM or the Vietnam Combat Medal.

5.  On 3 March 1971, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 7 months, and 5 days of active military service.  The DD Form 214 issued to him at the time shows that he earned the following awards in Item 24 (Decorations, Medals, Badges, Commendations, Citations):  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM) with Device 1960, Army Commendation Medal (ARCOM) with 1st Oak Leaf Cluster, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  

6.  The applicant's record contains a DD Form 215 (Correction to DD Form 214), dated 14 January 1972, which added the Army Good Conduct Medal (AGCM) to Item 24 of his DD Form 214.

7.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS), which is a web based index containing general orders (GOs) issued between 1965 and 1973 for the Vietnam era.  The ADCARS file contains Headquarters,
23rd Infantry Division General Orders Number 1786, dated 12 February 1971, which awarded the applicant the BSM for meritorious service in connection with military operations against a hostile force in the RVN during the period March 1970 through February 1971.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  The Vietnam Combat Medal is not included in the authorized list of awards found in the awards regulation, past or present.  


9.  Paragraph 2-13 of the military awards regulation contains guidance on award of the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  

10.  Table B-1 of the military awards regulation contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the Vietnam Winter Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.  

11.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the BSM has been carefully considered and found to have merit.  The ADCARS confirms that the applicant was awarded the BSM for meritorious service during the period from March 1970 through February 1971, and that this award was authorized and announced in official orders.  As a result, the BSM should be added to his record and separation document at this time.  

2.  Based on the applicant's RVN service and campaign participation, he is also entitled to the RVN Gallantry Cross with Palm Unit Citation, and 3 bronze service stars to be worn with his VSM.  As a result, it would also be appropriate to add these awards to his record and separation document. 

3.  The applicant's contention that his record should be corrected to show award of the Vietnam Combat Medal has also been considered.  However, this award is not now, nor has it ever been included in the Department of the Army’s inventory of awards and decorations.  As a result, given this is not an authorized Army award, it would not be appropriate to add it to his record and separation document at this time.  


BOARD VOTE:

________  ________  ________  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 24 of his DD Form 214 by adding the Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 3 bronze service stars to be worn with his Vietnam Service Medal and by issuing him a correction to his separation document that reflects these changes.

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 Vietnam Combat Medal.




      _______ _   _______   ___
       	   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)                                         AR20080016562



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ABCMR Record of Proceedings (cont)                                         AR20080016562



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