IN THE CASE OF:
BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100010078
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 reconsideration of his previous request to correct his records to reflect award of the Air Medal.
2. The applicant makes no new statement beyond what was in his original application, but provides a copy of the orders awarding him the Air Medal and a copy of the award citation.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090009242 on 29 October 2009.
2. The award citation and General Orders Number 6072 issued by the 9th Infantry Division in Vietnam on 8 November 1967 awarding the applicant the Air Medal for the period 24 February 1967 to 28 July 1967 are considered new evidence requiring review by the Board.
3. In addition to the order awarding the applicant the Air Medal, his records also contain General Orders Number 5023 and 7023 issued by the 9th Infantry Division on 26 September 1967 and 30 November 1967, respectively, which awarded the applicant an Army Commendation Medal with "V" Device for his heroic actions on 27 July 1967 and an Army Commendation Medal for meritorious service during the period 18 February 1967 to 30 November 1967. As noted in the Board's original deliberation, only one award of the Army Commendation Medal is recorded on his 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
4. The applicant's records indicate he served in Vietnam between 13 December 1966 and 30 November 1967. He was assigned to Company E, 3rd Battalion, 39th Infantry, 9th Infantry Division, while in Vietnam.
5. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. During the applicant's tour of duty in Vietnam he would have participated in two campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Currently his DD Form 214 reflects only one bronze service star on his Vietnam Service Medal.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows that based on the applicant's Vietnam assignment, he is eligible to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 31, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 43, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. The evidence now available to the Board confirms the applicant was awarded an Air Medal during his tour of duty in Vietnam. As such, his records should be corrected accordingly.
2. The evidence also confirms the applicant was awarded two awards of the Army Commendation Medal, one with a "V" Device, although his DD Form 214 reflects only one award. His award of the Army Commendation Medal with "V" Device should be added to his DD Form 214.
3. The applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His records should be corrected accordingly.
4. The applicant would have participated in two designated campaign periods in Vietnam and as such is entitled to two bronze service stars for wear on his Vietnam Service Medal vice the one bronze service star currently reflected on his DD Form 214.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented was sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20090009242, dated 29 October 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to:
a. add the Air Medal;
b. show he was awarded two awards of the Army Commendation Medal, one with "V" Device, vice the one Army Commendation Medal currently recorded;
c. add the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and
d. show he is entitled to two bronze service stars for wear on his Vietnam Service Medal vice the one bronze service star currently recorded.
____________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) AR20100010078
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ABCMR Record of Proceedings (cont) AR20100010078
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