IN THE CASE OF:	  

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090018112 


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 (Certificate of Release or Discharge from Active Duty) to show award of two Bronze Star Medals [properly referred to as the Bronze Star Medal with First Oak Leaf Cluster].

2.  The applicant states he was awarded his first Bronze Star Medal on or about 5 November 1969 and the second one was awarded by Headquarters, 1st Aviation Brigade, General Orders Number 729, dated 10 March 1972.  He further states his citation and orders for the first Bronze Star Medal were destroyed as a result of Hurricane Ivan.  The applicant concludes the award of his second Bronze Star Medal was omitted from his DD Form 214.

3.  The applicant provides no 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 he enlisted in the Regular Army and participated in the Warrant Officer Flight Training Program from 9 November 1966 through 20 November 1967.  Having been appointed as a warrant officer, he served as a helicopter pilot from 21 November through 6 November 1969.

3.  On 7 November 1969, the applicant was commissioned as a first lieutenant in the U.S. Army Reserve (USAR) and immediately ordered to active duty.  He served in a variety of positions at various duty stations and was promoted through the commissioned officer ranks.  The highest rank/grade he attained while serving on active duty was lieutenant colonel (LTC)/O-5.  The applicant retired for length of service on 30 September 1989.

4.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in the Republic of Vietnam on two occasions

* 1 January 1968 through 23 December 1968
* 22 March 1971 through 18 February 1972

5.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1, in pertinent part, shows award of one Bronze Star Medal.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized (All periods of Service)) of the applicant's DD Form 214 shows he was awarded or authorized to wear the

* Bronze Star Medal
* Defense Meritorious Service Medal
* Meritorious Service Medal
* Air Medal (7th Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Republic of Vietnam Campaign Medal (7th Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Senior Aviator Badge

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 U.S. Army Human Resources Command, confirmed the applicant was awarded the Bronze Star Medal on two separate occasions by:

	a.  Headquarters, II Field Force Vietnam, General Orders Number 1938, dated 7 August 1969, for meritorious service in connection with military operations against a hostile force during the period December 1967 to December 1968, while assigned to the Air Cavalry Troop, 11th Armored Cavalry Regiment, and

	b.  General Orders Number 729, for meritorious service in connection with military operations against a hostile force during the period March 1971 to March 1972, while assigned to Headquarters and Headquarters Company, 13th Combat Aviation Battalion.

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

9.  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 pamphlet shows that while the applicant was assigned to the 11th Armored Cavalry Regiment in the Republic of Vietnam it was cited for award of the Valorous Unit Award for the period 31 January - 
5 February 1968 based on Department of the Army General Orders (DAGO) Number 28, dated 1969, as amended by DAGO 12, dated 1969.  It also shows his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 - 10 August 1968 based on DAGO Number 60, dated 1969

10.  This pamphlet also shows that while the applicant was assigned to the 13th Combat Aviation Battalion in the Republic of Vietnam it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
1 October 1970 - 31 August 1972 based on DAGO Number 6, dated 1974.

11.  DA Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

12.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam and states that a bronze service star will be awarded for wear on the Vietnam 
Service Medal for participation in each campaign and a silver service star will be awarded for participation in five campaigns.  During the applicant's tours in the Republic of Vietnam he participated in the following eight campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - l April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V, 1 July 1968 - l November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* Vietnam Counteroffensive, Phase VII (l July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the Bronze Star Medal with First Oak Leaf Cluster was carefully considered and determined to have merit.

2.  Two general orders awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during two distinctly separate periods of time.  Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Bronze Star Medal with First Oak Leaf Cluster.

3.  General orders show the applicant's unit was awarded the Valorous Unit Award for actions during his assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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

5.  During his tours of duty in the Republic of Vietnam, each of his assigned units was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment.  Although he is only authorized to wear one award of this unit award records will indicate all awards received.  Therefore, his DD Form 214 should be corrected to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  Army Regulation 600-8-22 provides for award of one Republic of Vietnam Campaign Medal with Device (1960) by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  The applicant's DD Form 214 incorrectly shows he was awarded seven awards of the Republic of Vietnam Campaign Medal.  Therefore, his DD Form 214 should be corrected to show award of one Republic of Vietnam Campaign Medal with Device (1960).

BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 13 of his DD Form 214 the

* Bronze Star Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal (7)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


	b.  adding to item 13 of his DD Form 214 the

* Bronze Star Medal with First Oak Leaf Cluster
* Vietnam Service Medal with one silver service star and three bronze service stars
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2 Awards)



      __________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)                                         AR20090018112



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ABCMR Record of Proceedings (cont)                                         AR20090018112



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