IN THE CASE OF:	  

		BOARD DATE:	       23 JULY 2009

		DOCKET NUMBER:  AR20090004679 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 28 May 1969 to show awards of the Bronze Star Medal and the Air Medal (3rd Oak Leaf Cluster).  In a phone conversation with the Board analyst, he further requests the Combat Infantryman Badge be added to his DD Form 214.

2.  He states, in effect, that the above awards are not listed on his DD Form 214.

3.  He provides no additional documentation in support of this case.

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.  After induction into Army on 24 October 1967 and assignment as a 11B (Light Weapons Infantryman), he arrived in Vietnam and was assigned to C Company, 3rd Battalion, 60th Infantry, 9th Infantry Division on 25 May 1968.

3.  Headquarters, 9th Infantry Division Special Orders 173, dated 21 June 1968, shows he was awarded the Combat Infantryman Badge.

4.  He departed Vietnam on 24 May 1969 after being credited with participating in four campaigns.  He was honorably released from active duty on 16 March 1968.

5. His DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Good Conduct Medal, the Vietnam Service Medal, the Air Medal, and the Army Commendation Medal.

6.  Nothing in his records show award of the Bronze Star Medal or the Air Medal (3rd Oak Leaf Cluster):

	a.  DD 214 ending 28 May 1969;

	b.  No General orders; and 

	c.  No entry on Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record).

7.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  This regulation also provides, in pertinent part, that the "V" device is worn to denote participation in acts of heroism involving conflict with an armed enemy.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status.  As with all personal decorations, formal recommendations, 



approval through the chain of command, and announcement in orders are required.

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, at the time of the applicant’s assignment to the 3rd Battalion, 60th Infantry it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by Department of the Army General Orders Number 31, dated 1969.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 3rd Battalion, 60th Infantry it was awarded the Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation for the period 19 December 1966 through 28 June 1969 by Department of the Army General Orders Number 59, dated 1969.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of 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 service medal.

12.  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.  Evidence of record shows the applicant was awarded the Combat Infantryman Badge.  His DD Form 214 should be amended to add this award.

2.  He was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His participation in 

four campaigns makes him eligible to wear four bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

3.  There is no evidence in the available records and the applicant has not provided evidence that shows he was awarded or recommended for award of the Bronze Star Medal for heroism or for meritorious achievement or service.  Unfortunately, there is insufficient evidence to warrant awarding him the Bronze Star Medal.

4.  While the available evidence is insufficient for showing he was awarded the Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.  

5.  There is no evidence in the available records and he has not provided evidence that shows he was awarded the Air Medal (3rd Oak Leaf Cluster).  Unfortunately, there is insufficient evidence to warrant awarding him the Air Medal (2nd or 3rd Oak Leaf Cluster).

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 Combat Infantryman Badge, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be worn on his already-awarded Vietnam Service Medal.


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 correcting his DD Form 
214 to show award of the Bronze Star Medal and the Air Medal (3rd Oak Leaf Cluster).  




      _______ _   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)                                         AR20090004679





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ABCMR Record of Proceedings (cont)                                         AR20090004679



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