IN THE CASE OF:	  

		BOARD DATE:	  25 June 2009

		DOCKET NUMBER:  AR20090004527 


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 reconsideration of his previous request to correct his records to show award of the Bronze Star Medal.

2.  The applicant states, in effect, he was able to locate a copy of the orders awarding him the Bronze Star Medal.

3.  The applicant provides Headquarters, 3rd Brigade, 1st Cavalry Division, General Orders Number 185, dated 3 February 1972, awarding the applicant the Bronze Star Medal for meritorious service, and the recommendation for award of the Bronze Star Medal for the same period of service.  He also provides a copy of the Boards previous decisional document.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080010123, dated 25 September 2008.

2.  The applicant now provides new evidence in support of his previous request that requires reconsideration.  The Board's previous decisional document indicated that no records could be located; however, the applicant’s Official Military Personnel File (OMPF) was located and forwarded to the Board with his current application.

3. The applicant was inducted into the Army of the United States and entered active duty on 19 August 1970.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The available record contains orders awarding the applicant the Combat Infantryman Badge; the Expert Marksmanship Qualification Badge with Rifle, Machine Gun, and Grenade Bars; and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

5.  The record also contains orders awarding the applicant the Bronze Star Medal, the Army Commendation Medal with "V" Device, and two Air Medals.  All of these orders show his assignment with Company A, 2nd Battalion, 5th Calvary Regiment, 1st Calvary Division, Vietnam. 

6.  The applicant’s record also contains a copy of a recommendation for the Bronze Star Medal for meritorious service for the period 7 February 1971 through 6 February 1972.  This recommendation was made by the Commanding Officer, Company A, 2nd Infantry Battalion, 5th Cavalry Regiment, 1st Cavalry Division. This recommendation also notes the applicant had already been awarded the Army Commendation Medal with "V" Device and two Air Medals.

7.  The available record does not contain a copy of a DA Form 20 (Enlisted Qualification Record).  

8.  The applicant's DD Form 214 (Report of Transfer or Discharge) shows the following pertinent information:

	a.  he was honorably released from active duty on 22 January 1972 under the Phasedown Release Program;

	b.  his rank and pay grade at time of release was specialist four (E-4);

	c.  his last duty assignment was Company A, 2nd Battalion, 5th Calvary Regiment, 1st Calvary Division, Vietnam;

	d.  he served in Vietnam for 11 months and 14 days; 

	e.  his authorized awards include: the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, and the Air Medal; and


	 f.  he had completed 1 year, 5 months, and 4 days of creditable service with no time lost.

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 that during the period the applicant was assigned duty with the 2nd Battalion, 5th Calvary Regiment, 1st Calvary Division, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

10.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information: 

	a.  the Air Medal is awarded in the time of war for heroism, for meritorious achievement, and for meritorious service (sustained operations).  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards.  The numeral "2" denotes the second award.

	b.  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.  

	c.  a bronze service star is authorized, based on qualifying service, for each designated 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.  This regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods:  Counteroffensive Phase VII, 1 July 1970 – 30 June 1971; the Consolidation I, 1 July 1971 – 30 November 1971; and the Consolidation II, 1 December 1971 – 29 March 1972.

11.  Army Regulation 635-5 (Separation Documents) regulation prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214. In pertinent part, it states that awards and decorations are to be recorded in the priority sequence specified in AR 600-8-22 and abbreviations are not to be used.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he is authorized the Bronze Star Medal.

2.  The available order awarding the applicant the Bronze Star Medal is sufficient to correct his DD Form 214 to show this award.

3.  Additionally, the applicant was awarded the Army Commendation Medal with "V" Device.  The DD Form 214 does not reflect that this award was for valorous actions as it omits the denotation of the "V" Device.  It would be appropriate to correct the applicant’s DD Form 214 to properly show this award as the Army Commendation Medal with "V" Device.  

4.  The applicant was awarded two Air Medals, not one as shown on his DD Form 214.  It would be appropriate to correct the applicant’s DD Form 214 to reflect the Air Medal with Numeral "2." 

5.  The applicant served in Vietnam from 7 February 1971 to 22 January 1972 with Company A, 2nd Battalion, 5th Calvary Regiment, 1st Calvary Division during this entire period.  As such, he is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal.  

7.  The applicant's award of the Combat Infantryman Badge; the Expert Marksmanship Qualification Badge with Rifle, Machine Gun, and Grenade Bars; and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar were omitted from his DD Form 214.  It is appropriate to correct his DD Form 214 to show these badges.

8.  It would be appropriate to delete all of the entries in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 and replace them with the following entries:  the Bronze Star Medal; the Air Medal with Numeral "2"; the Army Commendation Medal with "V" Device; the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars; the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Combat Infantryman Badge; the Expert Marksmanship Qualification Badge with Rifle, Machine Gun, and Grenade Bars; and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar. 
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 amendment of the ABCMR’s decision in Docket Number AR20080010123, dated 25 September 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting all of the entries in item 24 of the DD Form 214; and

	b.  adding the following awards to item 214 of the DD Form 214:  the Bronze Star Medal; the Air Medal with Numeral "2"; the Army Commendation Medal with "V" Device; the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars; the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Combat Infantryman Badge; the Expert Marksmanship Qualification Badge with Rifle, Machine Gun, and Grenade Bars; and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.




      _______ _   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)                                         AR20090004527



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ABCMR Record of Proceedings (cont)                                         AR20090004527



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