IN THE CASE OF:	  

		BOARD DATE:	  1 June 2010

		DOCKET NUMBER:  AR20090019922 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the following:

* service in Vietnam through April 1971 instead of April 1970
* three awards of the Army Commendation Medal
* two awards of the Bronze Star Medal

2.  The applicant states the following:

* his DD Form 214 shows his Vietnam service from 6 September 1969 through 5 April 1970
* he was actually in Vietnam through April 1971
* his DD Form 214 shows he was released from the 407th Radio Research Detachment, 1st Battalion, 5th Infantry, as his last duty station
* his DD Form 214 shows a separation date of 6 April 1971 from Oakland Army terminal
* his DD Form 214 has a clerical error and his military records should show this
* he did not notice the error until he applied for Agent Orange benefits
* he received three awards of the Army Commendation Medal and two awards of the Bronze Star Medal while in Vietnam
* he had the orders for these medals at one time, but they have been misplaced or lost



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 enlisted in the Regular Army on 15 August 1967.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 6 September 1969 to 5 April 1971 and had a 
6-month extension.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the following units in Vietnam:

* Company A, 8th Radio Research Field Station (12 September 1969 to 6 February 1970)
* 407th Radio Research Detachment (7 February 1970 to 28 March 1971)

5.  General Orders Number 1378, dated 5 August 1970, show the applicant was awarded the Bronze Star Medal for meritorious service from September 1969 to September 1970 in the Republic of Vietnam.

6.  The applicant's service record does not show he was recommended for or awarded any additional awards of the Bronze Star Medal or the Army Commendation Medal.  Item 41 (Awards and Decorations) of his DA Form 20 does not show any awards of the Bronze Star Medal or any awards of the Army Commendation Medal.

7.  Special Orders Number 47, dated 16 February 1971, show the applicant was reassigned to the 509th Returnee Detachment for further assignment to the U.S. Army Transfer Station in Oakland, CA, with a reporting date of 5 April 1971.

8.  Special Orders Number 96, dated 6 April 1971, show he was released from active duty on 6 April 1971.  These orders show his last permanent duty station as U.S. Army Vietnam.

9.  His DD Form 214 shows he was separated on 6 April 1971 and his last duty assignment was with the 407th Radio Research Detachment, 1st Battalion, 5th Mechanized Infantry, U.S. Army Vietnam.

10.  Item 30 (Remarks) of the applicant's DD Form 214 shows he served in the Republic of Vietnam from 6 September 1969 to 5 April 1970.

11.  His DD Form 214 shows entitlement to the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Army Good Conduct Medal (1st Award)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that the 509th Radio Research Group and its subordinate units, to include the 8th Radio Research Field Station and the 407th Radio Research Detachment, was cited for the following awards during the time the applicant was assigned to those units:

* Meritorious Unit Commendation by Department of the Army General Orders Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974

13.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, failed to reveal any orders for the Bronze Star Medal or the Army Commendation Medal pertaining to the applicant.

14.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement, or meritorious service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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

17.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.  Appendix B shows the following corresponding qualifying campaign periods:

* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May 1970-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he served in Vietnam until April 1971 is noted and is supported by the evidence of record.

2.  The applicant's DD Form 214 shows he served in Vietnam from 6 September 1969 to 5 April 1970.  However, orders show the applicant departed Vietnam on 5 April 1971.  Therefore, it would be appropriate to amend his DD Form 214 to show he served in Vietnam from 6 September 1969 to 5 April 1971.

3.  The applicant contends he received two awards of the Bronze Star Medal and three awards of the Army Commendation Medal in Vietnam.  However, the evidence of record does not support his claims.

4.  Orders show he was awarded one Bronze Star Medal for meritorious service from September 1969 to September 1970 in Vietnam.  In the absence of orders authorizing him a second award of the Bronze Star Medal, his DD Form 214 should be amended to show only one award of the Bronze Star Medal.

5.  The evidence of record does not show the applicant was recommended for or awarded any Army Commendation Medals.  Therefore, there is insufficient evidence with which to amend his DD Form 214 to show three awards of the Army Commendation Medal.

6.  The applicant was assigned to the 8th Radio Research Field Station and the 407th Radio Research Detachment during a period they were cited (as subordinate units of the 509th Radio Research Group) for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these awards should be added to his DD Form 214.

7.  The applicant's DD Form 214 currently reflects the Vietnam Service Medal.  However, based on correction of his Vietnam service, he should be credited with participation in four campaigns during the Vietnam Conflict and is entitled to four bronze service stars for wear on his Vietnam Service 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:

	a.  amending his DD Form 214 to show he served in Vietnam from 6 September 1969 to 5 April 1971 and

	b.  adding the following awards to his DD Form 214:

* Bronze Star Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars for wear on his already-awarded Vietnam Service Medal

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 one additional award of the Bronze Star Medal and three awards of the Army Commendation 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)                                         AR20090019922



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ABCMR Record of Proceedings (cont)                                         AR20090019922



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