IN THE CASE OF:	  

		BOARD DATE:	  23 April 2009 

		DOCKET NUMBER:  AR20080019669 


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 Air Medal and the Bronze Star Medal, and any and all other awards he may be entitled to.  He also requests a complete issue of all medals/ribbons that he is authorized to display as he was never provided any upon discharge.

2.  The applicant states, in effect, that these awards are missing from his DD Form 214.  He also states, in effect, his service record should be reviewed for any medals and ribbons not documented on his DD Form 214.  

3.  In support of his application, the applicant provides copies of his certificates for award of the Air Medal and the Bronze Star 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 24 June 1969.  He completed basic and advanced training and was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman.  He served in Vietnam from 20 January 1970 to 25 December 1970, for three campaigns.  He served with Company D, 3rd Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade.

3.  The applicant's records contain Headquarters, 173rd Airborne Brigade, General Orders Number 2369, dated 3 September 1970, awarding him the Air Medal for meritorious achievement while participating in sustained aerial flight, in the Republic of Vietnam, from 30 January 1970 to 17 August 1970.  The applicant submitted a copy of a certificate, dated 3 September 1970, for this award.

4.  The applicant also submits a copy of a certificate, dated 2 December 1970, for award of the Bronze Star Medal for meritorious achievement in ground operations against hostile forces, in the Republic of Vietnam, from January 1970 to January 1971.  

5.  There are no orders in the applicant’s military personnel records that show he was awarded the Bronze Star Medal.  His DA Form 20 (Enlisted Qualification Record), Item 41, (Awards and Decorations) does not list the Air Medal and the Bronze Star Medal.  

6.  The applicant was released from active duty, in pay grade E-4, on 26 December 1970, as an overseas returnee.  He was transferred to the United States Army Reserve Control Group (Annual Training).

7.  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, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Purple Heart, the Parachutist Badge, One Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle).  The Air Medal and the Bronze Star Medal are not listed.



8.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) records of the applicant's units for the timeframe the applicant served in Vietnam was conducted.  This review failed to show that any orders were published awarding the applicant the Bronze Star Medal. 

9.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal was awarded for heroism, meritorious achievement, or service, which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.

10.  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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant’s unit, 3rd Battalion, 503rd Infantry, at the time of his assignment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Orders Number 51, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, based on Department of the Army General Orders Number 5, dated 1973.

12.  Army Regulation 600-8-22 specifies, in pertinent part, that individuals not on active duty may contact Headquarters, Human Resources Command (HRC) (AHRC–PDO–PA), USA HRC St. Louis (AHRC–CC–B), 1 Reserve Way, St. Louis, Missouri  63132–5200 or the National Personnel Records Center, 9700 Page Avenue, St. Louis, Missouri  63132–5100, for replacement of medals or service ribbons.  Providing applicants medals or replacement medals is not a responsibility of the ABCMR, and as a result it will not be discussed further in this Record of Proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam, from 30 January 1970 to 17 August 1970 and this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his records to show award of the Air Medal.

2.  The evidence confirms the applicant is also entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; based on his service in Vietnam and campaign participation.   

3.  The applicant provided a copy of an award certificate awarding him the Bronze Star Medal while he served in Vietnam; however, he provided no general orders showing he was awarded the Bronze Star Medal.  A search in ADCARS was conducted and this search failed to reveal that orders were published awarding the applicant the Bronze Star Medal.  No evidence was found in the applicant's service personnel record to show he was awarded the Bronze Star Medal; therefore, there is insufficient evidence available to support addition of the Bronze Star Medal to his DD Form 214.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 showing the applicant's already-awarded Air Medal; awarding him three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; adding these awards to the list of awards shown on his DD Form 214, dated 26 December 1970; and providing him a corrected separation document that includes these awards.



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 Bronze Star Medal to the applicant and its addition to his DD Form 214.




      _______ _   __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)                                         AR20080019669



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ABCMR Record of Proceedings (cont)                                         AR20080019669



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