IN THE CASE OF:	  

		BOARD DATE:	       27 AUGUST 2009

		DOCKET NUMBER:  AR20090003475 


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 the Bronze Star Medal and the Air Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he never knew these awards were omitted from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and copies of his Bronze Star Medal Certificate and Air Medal Certificate.

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 served in the Regular Army for 3 years from 25 January 1965 to 24 January 1968.  He was trained as an infantryman and transferred to Vietnam, serving there from on or about 20 August 1965 to 3 July 1966 with Company A, 2nd Battalion, 8th Cavalry, 1st Cavalry Division.

3.  The applicant’s DD Form 214 shows he was awarded the Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, and the Parachutist Badge.

4.  The certificates provided by the applicant for the Bronze Star Medal and the Air Medal are both signed by the 1st Cavalry Division Commanding General, then Major General J____ N____.

5.  General Orders Number 3230, Headquarters, 1st Cavalry Division, Vietnam, dated 13 September 1966, awarded the applicant the Air Medal for the period September 1965 to July 1966.

6.  There are no orders available to show the applicant was awarded the Bronze Star Medal.  A member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any award of the Bronze Star Medal orders on file for the applicant.

7.  The applicant’s records contain the following orders for awards and/or badges not shown on his DD Form 214:

	a.  Special Orders Number 35, Headquarters, 3rd Training Regiment-Infantry, Fort Gordon, GA, dated 16 May 1965, awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14);

	b.  Special Orders Number 71, Headquarters, 3rd Training Regiment-Infantry, Fort Gordon, GA, dated 18 May 1965, awarded the Expert Marksmanship Qualification Badge with Automatic Rifle Bar;

	c.  Special Orders Number 74, Headquarters, 3rd Training Regiment-Infantry, Fort Gordon, GA, dated 22 May 1965, awarded the Expert Marksmanship Qualification Badge with Machinegun Bar; and

	d.  Special Orders Number 249, Headquarters, 82nd Airborne Division, Fort Bragg, NC, dated 9 October 1967, awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  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 publication shows the unit to which the applicant was assigned was cited for award of the Presidential Unit Citation for the period 23 October 1965 to 26 November 1965 by Department of the Army General Order Number 40, dated 1967.  The unit was also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order Number 59, dated 1969.  This publication also shows that three campaigns took place during the applicant’s service in Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

	b.  Award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation is authorized.  Service stars will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show award of the Bronze Star Medal and the Air Medal.  He submits two certificates.  Each certificate is identically signed by the 1st Cavalry Division Commanding General, Major General J____ N____.

2.  The applicant’s records contain orders awarding him the Air Medal; there are no orders awarding the Bronze Star Medal.  However, he has award certificates for the Air Medal and the Bronze Star Medal, both signed by Major General N____, and the Air Medal is supported by orders.  Therefore, because the Bronze Star Medal Certificate is signed by Major General N____ with the same signature as the orders-supported Air Medal Certificate, the Bronze Star Medal Certificate, even though the orders are not available, are accepted as sufficient evidence to show that the Bronze Star Medal was indeed awarded to the applicant.  Therefore it would be appropriate to add the Bronze Star Medal to his DD Form 214 along with his Air Medal.

3.  The applicant is also entitled to have the following badges added to his DD Form 214:  Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Machinegun Bar, and Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

4.  The applicant is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal.

5.  The applicant is entitled to have two unit awards added to his DD Form 214:  Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

___X_____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Vietnam Service Medal from his DD Form 214;

	b.  adding the Bronze Star Medal, Air Medal, Vietnam Service Medal with three bronze service stars, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Machinegun Bar, Expert 
Marksmanship Qualification Badge with Automatic Rifle Bar, Presidential Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.



      _________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)                                         AR20090003475



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ABCMR Record of Proceedings (cont)                                         AR20090003475



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