BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013673


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 three awards of the Bronze Star Medal.

2.  The applicant states that he was awarded the Bronze Star Medal on three separate occasions and only one is posted to his DD Form 214.  He states that he would like his military records to accurately reflect his service as he is now in hospice care, dying from ischemic heart disease.

3.  The applicant provides:

* DD Form 214
* three Bronze Star Medal Certificates
* DA Form 1577 (Authorization for Issuance of Awards)

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 was inducted into the Army of the United States on 5 August 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 52B (Generator Mechanic).

3.  Records show the applicant served in the Republic of Vietnam (RVN) from 6 January 1970 to 8 March 1971.  During this time he was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 19th Artillery Regiment, 1st Cavalry Division.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 9 March 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 1 year, 7 months, and 5 days of total active service with 1 year, 2 months, and 3 days of foreign service.  The highest rank/grade he attained while serving on active duty was specialist five/E-5.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, Bronze Star Medal, and Air Medal.

6.  General Orders Number 296, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 7 January 1971, awarded the applicant the Bronze Star Medal for meritorious service, not involving participation in aerial flight, in connection with ground operations against a hostile enemy force in the RVN for the period March 1970 to March 1971.

7.  General Orders Number 4450, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 2 March 1971, amended General Orders Number 296 to read Bronze Star Medal (First Oak Leaf Cluster).

8.  A 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, revealed only the two above orders pertaining to the applicant.

9.  The applicant provided three Bronze Star Medal Certificates, dated 9 November 1970, 7 January 1971, and 3 March 1971, which cited the applicant for meritorious achievement in ground operations against hostile forces in the RVN during the periods January 1970 to November 1970, March 1970 to March 1971, and 15 December 1970 to 15 January 1971, respectively.

10.  The applicant provided a DA Form 1577 which shows he was awarded two Bronze Star Medals (Bronze Star Medal with One Oak Leaf Cluster).

11.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or 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.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.  However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional).

13.  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 the unit to which the applicant was assigned was cited for the following awards:

	a.  Valorous Unit Award for the period 1 May 1970 to 29 June 1970 by Department of the Army General Orders Number 43, dated 1972;

	b.  RVN Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 by Department of the Army General Orders Number 42, dated 1972; and

	c.  RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by Department of the Army General Orders Number 42, dated 1972.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* 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 his records should be corrected to show three awards of the Bronze Star Medal was carefully considered and determined to have partial merit.

2.  Although the applicant provided three separate Bronze Star Medal Certificates, award orders are necessary to validate individual awards of the Bronze Star Medal.  The applicant's records validate two awards of the Bronze Star Medal; therefore, the applicant is entitled to have a second award of the Bronze Star Medal added to his DD Form 214.

3.  Records show the applicant served in Vietnam between January 1970 and March 1971.  Department of the Army Pamphlet 672-3 shows the applicant's unit of assignment earned the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, the applicant is entitled to have these unit awards added to his DD Form 214.

4.  Records show the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his already-awarded 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 the evidence presented is 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 amending his DD Form 214 by adding a second Bronze Star Medal, the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

2.  The Board further determined 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 award of a third 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100013673



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