IN THE CASE OF:	  

		BOARD DATE:	        16 APRIL 2009

		DOCKET NUMBER:  AR20080019510 


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 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his first award of the Air Medal with "V" Device and his award of the Republic of Vietnam Gallantry Cross with Bronze Star Unit Citation.  He also requests that he be provided a citation and certificate for the award of the first Air Medal with "V" Device. 

2.  The applicant states, in effect, that he was recommended for award of the Air Medal with "V" Device on 3 January 1970 and he desires that award along with his award of the Republic of Vietnam Gallantry Cross with Bronze Star (RVNGC w/BS) be included on his records.  Additionally, he desires to be provided with a certificate and citation for his 3 January 1970 Air Medal with "V" Device.  He also states that the unit historian indicates that he was pending an Air Medal with "V" Device for 3 January 1970. 

3.  The applicant provides no additional documents with 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.  The applicant’s military records show that he was inducted into the Army of the United States on 19 July 1966.  He completed his basic combat training at Fort Ord, California and his advanced individual training (AIT) as a cook's helper at Fort Leonard Wood, Missouri.  Upon completion of his AIT he was transferred to Vietnam and served as a cannoneer and a door gunner in Vietnam from        25 January 1967 until he was honorably discharged on 9 July 1968.  The applicant enlisted on 10 July 1968 for a period of 4 years and stabilization in Vietnam for an additional year.  He served as a door gunner and light weapons infantryman in Vietnam from 29 August 1968 through 8 May 1970.  During his tenure in Vietnam he was assigned to A Battery, 2nd Battalion, 35th Artillery Regiment;
A Troop, and Headquarters and Headquarters Troop, 7th Squadron, 17th Air Cavalry Regiment; 336th Aviation Company; B Troop, 7th Squadron, 1st Air Cavalry Division; and D Troop, 3rd Squadron, 5th Cavalry Regiment.

3.  He departed Vietnam on 8 May 1970 and was transferred to Fort Hood, Texas.  On 11 March 1971, the applicant was honorably discharged under the provisions of Army Regulation 635-20 (Personnel Separations - Conscientious Objection), as a conscientious objector.  He had served 4 years, 7 months, and 23 days of total active service of which over 3 years were served in Vietnam.

4.  His DD Form 214 which was administratively reissued on 22 January 2004, as a result of a previous Board action, shows that he was awarded the Air Medal with Numeral 11 and "V" Device.

5.  A review of the applicant's official records contain 1st Aviation Brigade General Orders Number 5552, dated 24 June 1970, that show the applicant received the Air Medal (Second Award) with "V" Device for heroism on
4 February 1970 in Vietnam.  The available records also show the applicant received a total of 11 awards of the Air Medal, one of which was for valor.  There is no indication in the available records in the form of orders, citations, or certificates which make reference to another award of the Air Medal with "V" Device.  Additionally, the applicant's records show that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal - First Class Unit Citation, which is properly annotated on his DD Form 214.
6.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for processing of foreign awards and decorations presented to individuals and units.  This regulation, in pertinent part, governed award of the Republic of Vietnam Gallantry Cross as a personal decoration.  This decoration is awarded to personnel who have conducted themselves with heroic action and have displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees:  with Palm, with Gold Star, with Silver Star and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

7.  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 the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period he was assigned to Vietnam.  There is no listing of any of his units being awarded the Republic of Vietnam Gallantry Cross w/ Bronze Star Unit Citation or any evidence in his records showing that he was approved for an individual award of that medal.

8.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  
Although more than one award of the Army Commendation Medal or the Air Medal or the Bronze Star Medal may be made for heroism to the same person, the regulation provides that only one “V” device may be worn on awards of the Army Commendation Medal, or the Air Medal, or the Bronze Star Medal for heroism.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should reflect two "V" Devices on his Air Medal and that he should be provided the citation and certificate has been noted; however, the available records do not contain his first award of the Air Medal with "V" Device and his DD Form 214 as currently prepared properly reflects that he was awarded the Air Medal with Numeral 11 

and "V" device, as only one "V" Device is authorized for wear on that medal.  Accordingly, there is no effective relief for this portion of his request. 

2.  The applicant's contention that his records should be corrected to reflect the award of the Republic of Vietnam Gallantry Cross with Bronze Star has also been noted and appears to lack merit.  The applicant has failed to show through the evidence submitted with his application and the evidence of record, any indication that he was awarded that medal as an individual or unit award.  Therefore, in the absence of evidence to show he is authorized the Republic of Vietnam Gallantry Cross with Bronze Star, there appears to be no basis to grant his request.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ______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)                                         AR20080019510



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019510



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1