IN THE CASE OF:	

		BOARD DATE:	  	  7 May 2009

		DOCKET NUMBER:  AR20080019366 


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 two awards of the Bronze Star Medal (BSM), one with "V" Device; the Air Medal (AM); and the Army Commendation Medal (ARCOM).

2.  The applicant states that these awards were inadvertently omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a BSM Certificate for meritorious achievement, dated 10 July 1969; a BSM Citation for the period 1 October 1968 to 31 May 1969; General Orders Number 8628, dated 10 July 1969, for award of the BSM; an AM Certificate for meritorious achievement, dated 11 August 1969; an AM Citation for achievement on 13 April 1969; a BSM Certificate for heroism on 7 June 1969, dated 1 December 1969; and General Orders Number 14368, dated 5 December 1969, for the BSM with "V" Device (first oak leaf cluster).

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 provided a copy of the certificate and citation for award of the ARCOM; however, this award is already listed on his DD Form 214.  Therefore, there is no action required by the Board and as a result, it will not be discussed further in these Proceedings.

3.  The applicant's military records show he was inducted into the Army of the United States on 10 April 1968.  He served in the Republic of Vietnam from 
5 September 1968 to 27 August 1969 and was assigned to Company A, 1st Battalion, 501st Infantry.  He was honorably released from active duty on 
9 April 1970, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following:  National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Combat Infantryman Badge (CIB); Republic of Vietnam Campaign Medal (RVNCM), ARCOM; two overseas service bars; and the BIS (acronym unknown).  This form does not show award of the BSM or the AM.

5.  The BSM certificate, dated 10 July 1969, and corresponding citation show that the applicant was awarded the BSM for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period
from 1 October 1968 to 31 May 1969.  Additionally, General Orders Number 8628, issued by Headquarters, 101st Airborne Division, dated 10 July 1969, contained in the applicant's Official Military Personnel File (OMPF), verifies that he was awarded the BSM.

6.  The AM certificate, dated 11 August 1969, and corresponding citation shows that the applicant was awarded the AM for meritorious achievement while participating in aerial flight in the Republic of Vietnam on 13 April 1969.  There are no orders for this award in the applicant's OMPF.  Additionally, the AM is not listed on the applicant's DA Form 20 (Enlisted Qualification Record).

7.  The applicant provided a copy of General Orders Number 14368, issued by Headquarters, 101st Airborne Division, dated 5 December 1969, and a corresponding certificate, dated 1 December 1969, awarding him the BSM with 
"V" Device (first oak leaf cluster) for heroism in ground combat in the Republic of Vietnam on 7 June 1969.  A copy of the orders are also contained in the applicant's OMPF. 

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

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

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists unit awards received by units serving in Vietnam.  This document shows the 1st Battalion, 501st Infantry, during the period that the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 43, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, dated 1971.

12.  Army Regulation 600-8-22 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.  Appendix B, Table B-1 contains a list of Vietnam campaigns.  It shows that during the applicant's tour in Vietnam he participated in the following campaigns:  Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969); and the Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969).





DISCUSSION AND CONCLUSIONS:

1.  General Orders Number 8628 and 14368 and their corresponding certificates verify that the applicant is entitled to correction of his records to show the BSM with "V" Device (first oak leaf cluster) to signify two awards of the BSM, of which one was awarded with "V" Device for heroism.  Therefore, the applicant's records should be corrected to show these awards.

2.  Although the applicant provided the certificate and citation for award of the AM, there are no orders in the available records and the applicant did not provide any orders that show he was awarded this medal.  Therefore, in the absence of such evidence, there is an insufficient basis on which to add the AM to his DD Form 214.

3.  Evidence of record shows the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the applicant's records should be corrected to show these unit awards.

4.  Evidence also shows the applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show the award of four  bronze service stars for wear on 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.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and

   b.  adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal with "V" Device (first oak leaf cluster); Vietnam Service Medal with four bronze service stars; Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 award of the Air Medal.



      ___________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)                                         AR20080019366



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019366



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1