BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090005176 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal and two awards of the Bronze Star Medal with "V" Device.

2.  The applicant states that he was awarded these medals and his files were lost during his tour in Vietnam.

3.  The applicant provides orders for the Air Medal in support of his application.

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 was inducted into the Army of the United States on 11 July 1969.  He served as a light weapons infantryman assigned to Company C, 1st Battalion, 50th Infantry, in Vietnam from 18 December 1969 through 17 November 1970.  On 16 July 1971, he was released from active duty.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, and the Combat Infantryman Badge as authorized awards.

4.  Headquarters, I Field Force Vietnam, General Orders Number 1434, dated 6 November 1970, show the applicant received the Air Medal.

5.  There are no orders for the Bronze Star Medal with "V" Device in the available records.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal with "V" Device.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System, 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.

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 1st Battalion, 50th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 October 1969 to February 1970 based on Department of the Army General Orders Number 11, dated 1973.  This unit was also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 based on Department of the Army General Orders Number 54, dated 1974.

9.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award.

10.  Department of the Army Pamphlet 672-3 shows the 1st Battalion, 50th Infantry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 42, dated 1972.
11.  Department of the Army Pamphlet 672-3 also shows the 1st Battalion, 50th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Silver Star based on Department of the Army General Orders Number 52, dated 1971.

12.  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.  The regulation states that the bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" Device in conjunction with award of the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Air Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  There are no orders for the Bronze Star Medal with "V" Device in the available records.  Therefore, there is insufficient evidence on which to add any award of the Bronze Star Medal with "V" Device to his DD Form 214.

3.  The applicant's unit was awarded two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and he is authorized to wear one of those awards.  However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The applicant’s unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Silver Star while he was assigned to it.

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 adding the Air Medal, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Silver Star to his DD Form 214.

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 two awards of the Bronze Star Medal with "V" Device.



      ____________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)                                         AR20090005176



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ABCMR Record of Proceedings (cont)                                         AR20090005176



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