IN THE CASE OF:	

		BOARD DATE:	  1 December 2009

		DOCKET NUMBER:  AR20090010468 


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) for the period ending 25 March 1972 to show award of the Purple Heart, Air Medal with Numeral 19, Bronze Star Medal with First Oak Leaf Cluster, and the Republic of Vietnam Gallantry Cross with Palm Citation as a personal award.

2.  The applicant states that his DD Form 214 should be corrected to show award of the Purple Heart, Air Medal with Numeral 19, and the Bronze Star Medal with First Oak Leaf Cluster due to the fact that these awards were not finalized until after his DD Form 214 had been prepared.  The applicant also states, in effect, that he was told he had been recommended for, but never received, an individual [personal] award of the Republic of Vietnam Gallantry Cross with Palm Citation in recognition of the same action for which he received the Purple Heart.

3.  The applicant provides a self-authored statement, dated 8 June 2009; four general orders for awards issued; three award certificates; three letters from the Office of The Adjutant General, U.S. Army Reserve (USAR) Components Personnel and Administration Center, St. Louis, MO, pertaining to award of two Bronze Star Medals and Numeral 19 to the Air Medal; a DA Form 1577 (Authorization for Issuance of Awards), a DD Form 1380 (U.S. Field Medical Card); and two DD Forms 214 as documentary evidence 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 record shows that he was inducted into the Army of the United States and he entered active duty on 27 August 1968.  He attended and successfully completed the Officer Candidate Course conducted by the U.S. Army Infantry School located at Fort Benning, GA.  On 18 September 1969, the applicant was honorably discharged for the purpose of accepting a commission.  On 19 September 1969, the applicant was appointed as a USAR commissioned officer in the rank/grade of second lieutenant (2LT)/O-1 and entered extended active duty.  Upon completion of the requisite training, he was awarded specialty 1981 (Rotary Wing Aviation Unit Commander).  The highest rank/grade he attained while serving on active duty was first lieutenant (1LT)/O-2.  The applicant was relieved from active duty effective 25 March 1972 and he was transferred to the USAR Control Group (Reinforcement).

3.  The applicant's DD Form 214 for the period ending 25 March 1972 shows he served a tour of duty in the Republic of Vietnam during the period 15 June 1971 through 20 March 1972, a period of 9 months and 6 days.  This form also shows that his last duty assignment was with the 57th Aviation Company based in the Republic of Vietnam.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 25 March 1972 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal, Army “Aviation” Badge, and one Overseas Service Bar.  This form does not show award of the Purple Heart, Air Medal with Numeral 19, Bronze Star Medal with First Oak Leaf Cluster, or the Republic of Vietnam Gallantry Cross with Palm Citation as authorized awards.

5.  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 U.S. Army Human Resources Command, confirmed the validity of each of the general orders provided by the applicant.

6.  Headquarters, 17th Aviation Group (Combat), General Orders Number 18, dated 22 March 1972, show the applicant was awarded the Purple Heart (First Award) for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 10 December 1971.  The applicant provides copies of a DD Form 1380, dated 10 December 1971, and a DA Form 1577, dated 30 November 1972, to further corroborate his receipt of this award.

7.  Headquarters, 1st Aviation Brigade, General Orders Number 1117, dated 6 April 1972, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam while assigned to the 192nd Assault Helicopter Company (AHC) during the period 14 June 1971 to 20 December 1971.  The applicant provides copies of an award certificate, dated 6 April 1972, and a letter from the Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, dated 18 August 1972, to further corroborate his receipt of this award.

8.  Headquarters, 1st Aviation Brigade, General Orders Number 1608, dated 3 June 1972, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, while assigned to the 57th AHC during the period 
14 June 1971 to 13 March 1972.  The applicant provides copies of an award certificate, dated 3 June 1972, and a letter from the Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, dated 4 October 1972, to further corroborate his receipt of this award.

9.  Headquarters, 1st Aviation Brigade, General Orders Number 1896, dated 30 June 1972, show the applicant was awarded the Air Medal (Second through Twentieth Award) for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 2 July 1971 to 4 March 1972.  The applicant provides copies of an award certificate, dated 30 June 1972, and a letter from the Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, dated 5 October 1972, to further corroborate his receipt of these awards.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This regulation shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

11.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for processing of foreign awards and decorations presented to individuals and units.  This regulation, in pertinent part, governed award of the Republic of Vietnam Gallantry Cross as a personal decoration.  This decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

12.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam. During the applicant's tour in the Republic of Vietnam he participated in three campaigns:  Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971), Consolidation I (1 July 1971 - 30 November 1971), and Consolidation II
(1 December 1971 - 29 March 1972).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Army Regulation 600-8-22 provides that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

14.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

15.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The ribbon denotes the first award and numerals starting with the numeral 2 denote the number of additional awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the Purple Heart, Air Medal with Numeral 19, Bronze Star Medal with First Oak Leaf Cluster, and the Republic of Vietnam Gallantry Cross with Palm Citation as a personal award were carefully considered.

2.  General orders awarded the applicant the Purple Heart.  Therefore, he is entitled to have his records corrected to show this award.

3.  General orders awarded the applicant two Bronze Star Medals for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.  Headquarters, 1st Aviation Brigade, General Orders Number 1117, recognized the applicant's meritorious service while assigned to the 192nd AHC during the period 14 June 1971 to 20 December 1971.  General Orders Number 1608, issued by the same headquarters, recognized the applicant's meritorious service while assigned to the 57th AHC during the period of 14 June 1971 to 13 March 1972.

4.  The periods of time for which the applicant was awarded the Bronze Star Medal overlap.  Army Regulation 600-8-22 provides that only one decoration will be awarded to an individual for the same period of meritorious service.  Therefore, in order to avoid any overlap, the orders for the applicant's second Bronze Star Medal (General Orders Number 1608, dated 3 June 1972) should have recognized his service commencing the day after the period covered by the first award.  Therefore, the applicant is entitled to have his records corrected to show award of the Bronze Star Medal with First Oak Leaf Cluster for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period of 21 December 1971 to 13 March 1972.  Accordingly, the portion of General Orders Number 1608 pertaining to the applicant should be amended to reflect the adjusted dates.

5.  General orders awarded the applicant twenty Air Medals.  Therefore, he is entitled to have his records corrected to show receipt of the Air Medal with Numeral 20.

6.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for accomplishments during the applicant's tenure in the unit.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

7.  Records show that the applicant was awarded the Vietnam Service Medal.  Evidence shows that he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for three bronze service stars to be worn on his already-awarded Vietnam Service Medal.

8.  The applicant's record is devoid of any evidence, and he has failed to provide any evidence, that he was awarded the Republic of Vietnam Gallantry Cross with Palm Citation as a personal award.

9.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement for award of the Republic of Vietnam Gallantry Cross with Palm Citation as a personal award.  Therefore, there is no basis for granting this portion of the applicant's requested relief.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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.  amending the portion of Headquarters, 1st Aviation Brigade, General Orders Number 1608, dated 3 June 1972, pertaining to the applicant to reflect his dates of service as 21 December 1971 to 13 March 1972;

	b.  deleting from item 24 of his DD Form 214 for the period ending 25 March 1972 the Vietnam Service Medal; and

	c.  adding to item 24 of his DD Form 214 for the period ending 25 March 1972 the Purple Heart, Bronze Star Medal with First Oak Leaf Cluster, Air Medal with Numeral 20, Vietnam Service Medal with three bronze service stars, 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 a personal award of the Republic of Vietnam Gallantry Cross with Palm Citation.



      __________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)                                         AR20090010468



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ABCMR Record of Proceedings (cont)                                         AR20090010468



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