IN THE CASE OF:	  

		BOARD DATE:	  18 March 2010

		DOCKET NUMBER:  AR20090014502 


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 the Bronze Star Medal (BSM), Air Medal (AM), Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation be added to his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states these awards were omitted from his DD Form 214.

3.  The applicant provides the following documents in support of his application:  DD Form 214, National Personnel Records Center (NPRC) Letter, DA Form 1577 (Authorization for Issuance of Awards), BSM Citation and Certificate, and AM Order.

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 record shows he enlisted in the Regular Army on 
19 April 1967.  He completed basic combat training at Fort Jackson, South Carolina, and advanced individual training (AIT) at Fort Gordon, Georgia.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 31 October 1967 to 29 October 1968, and that he was assigned to Company C, 1st Battalion, 327th Infantry Regiment.  Item 41 (Awards and Decorations) shows he earned the following awards:  National Defense Service Medal (NDSM), Combat Infantryman Badge (CIB), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM) with Device 1960, Parachutist Badge, and Expert Marksmanship Qualification Badge with Rifle Bar. 

4.  The applicant's record contains Headquarters, 101st Airborne Division, General Orders (GO) Number 5496, dated 6 September 1968, which awarded him the Army Commendation Medal (ARCOM) for meritorious achievement between 1 March and 1 July 1968.  It also contains Headquarters, 101st Airborne Division, GO Number 11101, dated 25 December 1968, which awarded him the AM.

5.  On 3 March 1970, the applicant was honorably discharged after completing a total of 2 years, 2 months, and 13 days of creditable active military service.  The 
DD Form 214 issued at that time shows the applicant earned the following awards during his active duty tenure:  NDSM, VSM, Parachutist Badge, CIB, and RVNCM with Device 1960.

6.  The applicant provides a BSM certificate and citation issued by the Commanding General, 101st Airborne Division which shows he was awarded the BSM for meritorious achievement in the RVN for the period 1 January to 31 August 1968.  His Military Personnel Records Jacket (MPRJ) contains no orders to show he was awarded the BSM.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 of the awards regulation contains guidance on award of the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the Vietnam Counter Offensive Phase III, TET Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns.
8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's assignment in the RVN his unit (1st Battalion, 327th Infantry Regiment) earned the RVNGC with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the BSM, AM, RVNGC with Palm Unit Citation, and RVNCAHM First Class Unit Citation, has been carefully considered and found to have merit.  There is sufficient evidence to support granting a portion of the requested relief.

2.  The evidence of record confirms the applicant was awarded the AM and ARCOM and that these awards were announced in official orders.  In addition, during his tenure of assignment in the RVN his unit earned the RVNGC with Palm Unit Citation and RVNCAHM First Class Unit Citation.  As a result, these awards should be added to his DD Form 214.  

3.  In addition, based on the applicant's RVN service and campaign participation, he is also entitled to 4 bronze service stars to be worn on his already-awarded VSM.  As a result, it would also be appropriate to correctly document these awards on the applicant’s DD Form 214.

4.  The evidence of record failed to include and the applicant failed to provide official orders showing he was awarded the BSM.  Accordingly, absent the official orders that announced award of the BSM, there is no basis upon which to grant this portion of his request at this time.

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 to Item 24 of his DD Form 214 the Air Medal, Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars to be worn on the already-awarded Vietnam Service Medal, and issuing him a correction to his DD Form 214 that reflects these changes.  

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 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)                                         AR20090014502



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ABCMR Record of Proceedings (cont)                                         AR20090014502



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