IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100009506 


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 an Oak Leaf Cluster [Numeral 2] for his previously-awarded Air Medal.  He also requests the Presidential Unit Citation, Republic of Vietnam Presidential Unit Citation, Meritorious Unit Commendation, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was informed by his comrades in arms these unit citations were awarded to the 173rd Airborne Brigade during his tour in the Republic of Vietnam (RVN).  Further, while serving as the company commander for Company B, between May 1969 and December 1969, he participated in 
25 airlift operations that warrant award of one cluster to his Air Medal.

3.  The applicant provides his DD Form 214, effective 12 December 1969, and a self-authored statement.

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 accepted a commission as a second lieutenant in the U.S. Army Reserve (USAR) on 24 May 1968 in the Infantry branch and entered active duty on this date.

3.  His records show he served in the RVN from on or about 19 April 1969 to on or about 26 November 1969.  He was assigned to the following companies within the 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade:

	a.  C Company from 7 May to 9 June 1969;

	b.  D Company from 10 June to 16 September 1969; and

	c.  Headquarters and Headquarters Company (HHC) from 17 September to 26 November 1969.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, Republic of Vietnam Campaign Medal, Parachutist Badge, one Overseas Service Bar, Air Medal, Unnamed Campaign, and the Combat Infantryman Badge.

5.  Headquarters, 173rd Airborne Brigade, General Orders Number 2728, dated 21 November 1969, show he was awarded the Army Commendation Medal for meritorious achievement from 1 May 1969 to 31 December 1969 in the RVN.

6.  A review of the applicant's records indicates his entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Company C, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for its service from 5 May 1965 to 26 September 1970 based on Department of the Army General Orders (DAGO) Number 51, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its service from 15 April 1969 to 16 March 1971 based on DAGO Number 5, dated 1973.  Further, HHC, 173d Airborne Brigade was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its service from 15 April 1969 to 16 March 1971.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that participation credit was awarded for the following:

* Tet 69 Counteroffensive (23 February 1969 to 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969)
* Vietnam Winter-Spring (1 November 1969  to 30 April 1970)

9.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.

11.  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, failed to reveal an additional award of the Air Medal pertaining to the applicant.

12.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the Air Medal with Numeral "2," Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  General orders awarded him the Army Commendation Medal for meritorious achievement from 1 May 1969 to 31 December 1969 in the RVN; therefore, he is entitled to correction of his DD Form 214 to show this medal.

3.  General orders awarded him the Army Commendation Medal; therefore, he is entitled to have his record corrected to show this medal.

4.  General orders awarded his unit(s) the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2 Awards); therefore, he is entitled to correction of his records to show these unit awards.

5.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in the RVN.  Therefore, he is entitled to three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

6.  The records show his unit was not awarded the Presidential Unit Citation, Republic of Vietnam Presidential Unit Citation, Valorous Unit Award, or Meritorious Unit Commendation, during his period of service in the Republic of Vietnam.  His record should not be corrected to show these awards. 

7.  In regard to the Air Medal with Numeral "2," the record does not contain official orders and there is no evidence to support the number and types of missions completed during his service in the RVN.  There insufficient evidence to grant this relief.

8.  In view of the above, he should be granted partial relief.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and the entry "unnamed campaign" and

	b.  adding to item 24 of his DD Form 214 the:

* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
(2 Award)

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 adding the Air Medal with Numeral "2," Presidential Unit Citation, Republic of Vietnam Presidential Unit Citation, Valorous Unit Award, and Meritorious Unit Commendation.




      _______ _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)                                         AR20100009506



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ABCMR Record of Proceedings (cont)                                         AR20100009506



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