BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090008915 


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 (Report of Transfer or Discharge) to show award of the Army Commendation Medal and the Bronze Star Medal.  

2.  The applicant states that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 does not show these awards, that he was awarded the Bronze Star Medal, and that he would like to get license plates.

3.  The applicant provides orders for the Army Commendation Medal; a newspaper article; and a copy of his DD Form 214 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 17 February 1966.  He arrived in Vietnam on 10 August 1967.  He served as an armored intelligence specialist assigned to Troop A, 1st Squadron, 1st Cavalry in Vietnam from 28 August 1967 through 9 February 1968.  On 11 February 1968, he was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 24 on the applicant's DD Form 214 shows the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal with Device (1960) (VSM), Army Good Conduct Medal (GCMDL), Combat Infantryman Badge (CIB), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) as authorized awards.

4.  Headquarters, Americal Division, General Orders Number 1719, dated 2 April 1968, show the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force during the period August 1967 to February 1968.

5.  There are no orders for the Bronze Star Medal 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.

7.  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 pertaining to the applicant.

8.  In support of his claim for the Bronze Star Medal, the applicant provided a newspaper article titled "Former GI Receives the Army Commendation Medal."  This article states, in pertinent part, "He also holds the Bronze Star, National Defense, Vietnam Occupation, Good Conduct, Sharpshooter and Expert Marksman medals."  

9.  Records show the applicant participated in two campaigns during his assignment in Vietnam:  Vietnam Counteroffensive, Phase III (1 June 1967 - 
29 January 1968) and Tet Counteroffensive (30 January 1968 - 1 April 1968).


10.  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 applicant's tenure of assignment to Troop A, 1st Squadron, 1st Cavalry, this unit was awarded the Valorous Unit Award for actions during the period 15-31 October 1967 based on Department of the Army General Orders (DAGO) Number 39, dated 1970.

11.  Department of the Army Pamphlet 672-3 also shows that during the applicant's tenure of assignment with the 1st Squadron, 1st Cavalry, this unit was awarded the Presidential Unit Citation for actions during the period 31 January 1968 to 31 March 1968 based on DAGO Number 60, dated 1969.

12.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to
28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  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.  

DISCUSSION AND CONCLUSIONS:

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

2.  There are no orders for the Bronze Star Medal in the available records.  In the absence of orders, the newspaper article provided by the applicant which states that he holds the "Bronze Star" is not sufficient as a basis for amending his DD Form 214 to show this medal.

3.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant’s unit was cited for award of the Valorous Unit Award and the Presidential Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.
5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

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:

   a.  deleting from item 24 of his DD Form 214 the entry "VSM"; and 
   
b.  adding to item 24 of his DD Form 214 the Army Commendation Medal, 
Vietnam Service Medal with two bronze service stars, Valorous Unit Award, Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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.



      __________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)                                         AR20090008915



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ABCMR Record of Proceedings (cont)                                         AR20090008915



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