IN THE CASE OF:	  

		BOARD DATE:	  	   21April 2009

		DOCKET NUMBER:  AR20080019648 


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 records be corrected to show award of the Bronze Star Medal with "V" Device, the Air Medal, and the Army Commendation Medal. 

2.  The applicant states, in effect, that the Bronze Star Medal with "V" Device, the Air Medal, and the Army Commendation Medal do not appear on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214, copies of orders for the Bronze Star Medal with "V" Device and the Air Medal, and a copy of a certificate for the Army Commendation 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.  The applicant's record shows he was inducted in the Army of the United States on 3 November 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/pay grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 2 August 1966 through 31 July 1967.

4.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows he performed duties in the Republic of Vietnam as a “Squad Leader” with B Company, 5th Battalion, 7th Calvary, 1st Calvary Division from 2 August 1966 to 29 May 1967 and performed duties as a "Team Leader" within the same unit from 30 May 1967 to 28 July 1967.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded the Vietnam Service Medal, the National Defense Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the Bronze Star Medal with "V" Device, the Air Medal, and the Good Conduct Medal. 

6.  On 19 March 1967, General Orders Number 1113, Headquarters, 1st Cavalry Division (Airmobile), APO, San Francisco, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the period from 29 August 1966 to 20 January 1967.

7.  On 2 July 1967, General Orders Number 3675, Headquarters, 1st Cavalry Division (Airmobile), APO, San Francisco, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 8 April 1967.

8.  On 7 November 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years of creditable active service during this period of service.  The DD Form 214 for the period ending 7 November 1967 shows the Good Conduct Medal, the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal, the Purple Heart, the Bronze Star Medal, the Republic of Vietnam Campaign Medal, and two Overseas Service Bars.

9.  On 27 December 1990, as a member of the USAR, the applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm.  The applicant 

served in Southwest Asia (SWA) during the period from 1 February 1991 to
13 April 1991.  Having successfully completing the period for which ordered to active duty, on 3 May 1991 the applicant was released from active duty and returned to his USAR unit.  During this period of service, he completed 4 months and 7 days of creditable active service.  The DD Form 214 for the period ending 3 May 1991 shows he earned the Army Service Ribbon, the National Defense Service Medal with bronze service star, the Army Lapel Button, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), two Overseas Service Ribbons, the Bronze Star Medal, the Purple Heart, the Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal.

10.  The applicant submitted a copy of a certificate awarding him the Army Commendation Medal for meritorious achievement in his duties as a Trooper during Operation Desert Storm from 9 February 1971 to 10 March 1991.  

11.  On 9 September 1992, the applicant was issued a DD Form 215 (Correction to DD Form 214).  Item 5 (Original DD form 214 is Corrected as Indicated Below) shows that the applicant's DD Form 214, dated 3 May 1991, was corrected to add the Good Conduct Medal, Vietnam Service Medal, Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal, and two Overseas Service Bars.  

12.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  A review of the applicant’s record indicates entitlement to additional awards and decorations which are not shown on his DD Form 214.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows that the 5th Battalion, 7th Calvary, 1st Calvary Division, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation from
9 August 1965 through 19 May 1969 by Department of the Army General Orders Number 59, dated 1969.

15.  Army Regulation 600-8-22 (Military Awards), Appendix B, shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in 

three campaigns:  the Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 
1967), the Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968), and the Tet Counteroffensive (30 January 1967 – 1 April 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

17.  The Kuwait Liberation Medal awarded by the Government of Kuwait
(KLM-KU) was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

18.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that he is entitled to correction of his record to show award of the Bronze Star Medal with "V" Device, the Air Medal, and the Army Commendation Medal were carefully considered and found to have partial merit.  

2.  General orders awarded the applicant the Air Medal.  Therefore, he is entitled to correction of his records to show this award.

3.  General orders awarded the applicant the Bronze Star Medal with "V" Device. Therefore, he is entitled to correction of his records to show this award.

4.  There are no corroborating orders in the applicant’s records or provided by the applicant which show he was awarded the Army Commendation Medal.  Therefore, in the absence of sufficient evidence, the applicant is not entitled to have his records corrected to show this award.



5.  The evidence of record shows he was awarded the Vietnam Service Medal.  The applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of the Vietnam Service Medal with three bronze service stars.

6.  General orders show the 5th Battalion, 7th Calvary, 1st Calvary Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was assigned to this unit, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this award.

7.  Evidence of record also shows the applicant served qualifying periods of service for award of the KLM-SA and the KLM-KU.  Therefore, his records should be corrected to show these awards.

8.  As a matter of convenience, only the applicant's DD Form 214 for the period ending 3 May 1991 will be corrected.

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 be corrected by:

	a.  deleting from item 13 of the applicant's DD Form 214 for the period ending 3 May 1991 the Bronze Star Medal and the Vietnam Service Medal; and

	b.  adding to item 13 of the applicant's DD Form 214 for the period ending 
3 May 1991 the Bronze Star Medal with "V" Device, Air Medal, Vietnam Service Medal with three bronze service stars, Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), and the Republic of Vietnam Gallantry Cross with Palm 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 the Army Commendation 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)                                         AR20080019648



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ABCMR Record of Proceedings (cont)                                         AR20080019648



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