IN THE CASE OF:	  

		BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090009188 


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, that his military records be corrected to show the award of the Air Medal, the Vietnam Service Medal with two bronze service stars (to signify his participation in the DA Sanctuary Counteroffensive campaign and the Vietnam Counteroffensive Phase VII campaign), the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and an unnamed medal for an invasion into Cambodia in 1970. 

2.  The applicant essentially states that the aforementioned awards and decorations were not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also states that he served with Headquarters and Headquarters Company (HHC), 3rd Battalion (Airmobile), 506th Infantry Regiment, in Vietnam from January 1970 to December 1970.

3.  The applicant provides his DD Form 214 and two of four pages of his DA Form 20 (Enlisted Qualification Record) in support of this 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's military records show that he was inducted into the Army of the United States on 29 July 1969.  He completed initial entry training and was awarded military occupational specialty 94B (Cook).  He departed for the Republic of Vietnam on 10 January 1970 and was assigned to HHC, 3rd Battalion (Airmobile), 506th Infantry Regiment, on 24 January 1970.  He departed this unit on 29 November 1970 and was assigned to Fort Lewis, Washington, until he was honorably released from active duty on 28 July 1971.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Army Commendation Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with 
M-14 and M-16 Rifle Bars.

3.  The applicant's military records do not show that he was awarded the Air Medal.  A search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to produce orders awarding him the Air Medal.

4.  The applicant's DD Form 214 does not show that he was awarded the Vietnam Service Medal, but his records show he served in Vietnam from 10 January 1970 to 29 November 1970.  Paragraph 2-13 of Army Regulation 
600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns and shows that during the applicant's tour of duty in Vietnam, participation credit was awarded for the Vietnam Winter-Spring 1970 campaign, the DA Sanctuary Counteroffensive campaign, and the Vietnam Counteroffensive Phase VII campaign.

5.  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, 506th Infantry Regiment, the battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, dated 1971.  The Valorous Unit Award was also awarded to this battalion, but the applicant was not assigned to the battalion during the timeframe covered by this unit award.

6.  During a review of the applicant's military records, it was determined that he is entitled to an additional award that is not listed on his DD Form 214.

7.  The applicant's DD Form 214 does not show that he was awarded the Bronze Star Medal, but his records show he was awarded the Bronze Star Medal for the period 1 February 1970 to 31 October 1970 by Headquarters, 101st Airborne Division (Airmobile) General Orders Number 13454, dated 7 November 1970.

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, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

10.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Air Medal, the Vietnam Service Medal with two bronze service stars, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and an unnamed medal for an invasion into Cambodia in 1970.

2.  While the applicant requested that his military records be corrected to show the award of the Air Medal, there are no orders in his military records and the applicant failed to provide orders awarding him this medal.  As a result, there is no basis for correcting his military records to show the award of the Air Medal.

3.  The applicant served in Vietnam from 10 January 1970 to 29 November 1970 and participated in three campaigns during his tour in Vietnam.  Therefore, he is entitled to correction of his military records to show the award of the Vietnam Service Medal with three bronze service stars.

4.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 3rd Battalion, 506th Infantry Regiment, while the applicant was assigned to this battalion.  Therefore, he is entitled to correction of his military records to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  While the applicant's battalion in Vietnam was also awarded the Valorous Unit Award, as the applicant was not assigned to this battalion during the time frame covered by this unit award there is no basis for correcting his military records to show entitlement to the Valorous Unit Award.

6.  As the applicant did not specify what medal for an invasion into Cambodia he was referring to, there is an insufficient basis for granting relief to this portion of his request.

7.  General orders awarded the applicant the Bronze Star Medal, but it is not listed on his DD Form 214.  Therefore, it would be appropriate at this time to correct his military records to show the award of the Bronze Star Medal.

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 Bronze Star Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 showing the award of the Air Medal, the Valorous Unit Award, or an unnamed medal for an invasion into Cambodia.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ___________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)                                         AR20090009188



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ABCMR Record of Proceedings (cont)                                         AR20090009188



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