IN THE CASE OF:	  

		BOARD DATE:	        6 January 2009

		DOCKET NUMBER:  AR20080017178 


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 award of the Air Medal and Bronze Star Medal with "V" device.

2.  The applicant states he believes he earned an Air Medal for all the combat missions he flew while in Vietnam.  He also states that he was recommended for a Bronze Star Medal with "V" device for one combat operation but departed Vietnam before he knew what happened.

3.  The applicant provides 11 statements from individuals attesting to the applicant's exposure to various combat situations while in Vietnam.  The statements were all authored in 2005 and appear to have been intended to support a disability claim with the Department of Veterans Affairs.  The applicant also submits a copy of a unit log for Headquarters, 1st Battalion, 7th Cavalry, covering a 24 hour period on 29 April 1970 and on 15 June 1970

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 enlisted in the Regular Army on 17 February 1969.  He was trained as a medical corpsman.  He arrived in Vietnam on 22 March 1970 where he was assigned to Headquarters and Headquarters Company, 1st Battalion (Airmobile), 7th Cavalry, part of the 1st Cavalry Division.  He remained with the unit until February 1971 when he returned to the United States.

3.  Orders issued on 28 February 1971 by Headquarters, 1st Cavalry Division confirmed award of the Air Medal to the applicant for meritorious service during the period July 1970 to February 1971.  The award, however, was omitted from the applicant's separation document.

4.  The applicant was released from active duty on 3 April 1972.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) indicates the applicant was awarded the National Defense Service Medal, Army Commendation Medal, Combat Medical Badge, and Vietnam Service Medal.

5.  The is no evidence in available files that the applicant was awarded a Bronze Star Medal with "V" Device.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal with "V" device.  The statements submitted in support of the applicant's request do not speak directly to any recommendation for or award of the Bronze Star Medal with "V" device.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

7.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in three campaigns (Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnamese 
Counteroffensive Phase VII).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

8.  Army Regulation 600-8-22 also provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

9.  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 21 February 1970 to 28 February 1971 by Department of the Army General Order Number 42, dated 1972.  The pamphlet also notes the applicant's unit was awarded a Valorous Unit Award for the period 1 May 1970 to 29 June 1970 by Department of the Army General Order 43, dated 1972.

10.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded an Air Medal.  His records should be corrected accordingly.

2.  Unfortunately, there is no evidence which confirms the applicant was recommended for or awarded a Bronze Star Medal with "V" device.  While the statements submitted by the applicant note his participation in various combat operations they offer no evidence which confirms he was ever awarded a Bronze Star Medal with "V" device.  In the absence of evidence confirming the award, 

there is no basis to add that decoration to the applicant's records.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal with "V" Device, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal with "V" Device by submitting a request through his/her Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the previously-awarded Vietnam Service Medal.

4.  Records also show the applicant is entitled to the Republic of Vietnam Campaign Medal with Device (1960) .  Therefore, he is entitled to correction of his records to show this award.

5.  Evidence also confirms the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award.  His records should be corrected accordingly.

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 amending his DD Form 214 to add the Air Medal, three bronze service stars for wear on his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Valorous Unit Award.
   



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 with "V" Device.



      ________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)                                         AR20080017178



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ABCMR Record of Proceedings (cont)                                         AR20080017178



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