BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100019779


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 two awards of the Bronze Star Medal (BSM), the Purple Heart (PH), the Air Medal (AM), and the Army Commendation Medal (ARCOM) with "V" Device.

2.  The applicant states he provides the orders and certificates awarding the medals.

3.  The applicant provides:

* Vietnam Combat Certificate, 1st Cavalry Division
* General Orders Number 11285, dated 26 June 1970
* PH Certificate, dated 26 June 1970
* General Orders Number 21968, dated 20 December 1970
* AM Certificate, dated 20 December 1970
* General Orders Number 15778, dated 27 August 1970
* ARCOM Certificate, dated 27 August 1970
* General Orders Number 61, dated 3 January 1971
* BSM Certificate, dated 3 January 1971
* General Orders Number 2550, dated 8 February 1971
* BSM Certificate, dated 8 February 1971
* DD Form 214


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 for a 2-year term on 23 September 1969.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His record shows he served in the Republic of Vietnam (RVN) from 12 March 1970 to 13 May 1971.  During his service in Vietnam he was assigned to Company C, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division.

4.  On 13 May 1971, he was honorably released from active duty by reason of early separation of overseas returnee and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  His DD Form 214 shows he completed 1 year, 7 months, and 21 days of total active service, including 1 year, 2 months, and 2 days of foreign service.

5.  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
* Republic of Vietnam Campaign Medal with Device (1960)

6.  A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.

7.  General Orders Number 61, Headquarters, 1st Cavalry Division, dated 3 January 1971, awarded him the BSM for meritorious service not involving participation in aerial flight in connection with ground operations against a hostile enemy force in the RVN from March 1970 to March 1971.

8.  General Orders Number 11285, Headquarters, 1st Cavalry Division, dated 26 June 1970, awarded him the PH for wounds received in connection with military operations against a hostile force on 22 June 1970.

9.  General Orders Number 21968, Headquarters, 1st Cavalry Division, dated 20 December 1970, awarded him the AM for meritorious achievement while participating in aerial flight in the RVN during the period June to December 1970.

10.  General Orders Number 15778, Headquarters, 1st Cavalry Division, dated 27 August 1970, awarded him the ARCOM with "V" Device for heroism by distinguishing himself in sustained combat operations from 12 to 14 June 1970.

11.  Special Orders Number 229, Headquarters, 1st Cavalry Division, dated 17 August 1970, awarded him the Combat Infantryman Badge (CIB) effective 15 July 1970.

12.  Special Orders Number 16, Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, dated 23 January 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

13.  Special Orders Number 9, Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, dated 14 January 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

14.  Special Orders Number 321, Headquarters, U.S. Army Training Center, Fort Bragg, NC, dated 17 November 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
 
15.  He provided General Orders Number 2550, Headquarters, 1st Cavalry Division, dated 8 February 1971, that awarded him the BSM for meritorious service not involving participation in aerial flight in connection with ground operations against a hostile enemy force in the RVN from April 1970 to February 1971.

16.  General Orders Number 8189, Headquarters, 1st Cavalry Division, dated 29 April 1971, revoked General Orders Number 2550.

17.  Army Regulation 600-8-22 (Military Awards) states the BSM 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.

18.  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:

* Valorous Unit Award for the period 1 May 1970 to 29 June 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 by DAGO Number 42, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 to 30 June 1972 by DAGO Number 54, dated 1975

19.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time, only one award will be recorded in official military and historical records.

20.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and 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)

21.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

22.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show two awards of the BSM, the PH, the AM, and the ARCOM with "V" Device was carefully considered and determined to have partial merit.

2.  General orders awarded him the BSM, the PH, the AM, and the ARCOM with "V" Device; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  Special orders awarded him the CIB, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  General orders awarded his unit of assignment in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Records show he participated in three campaigns during his service in RVN; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

6.  General Orders Number 2550, dated 8 February 1971, which awarded him a second award of the BSM, were revoked by General Orders Number 8189, dated 29 April 1971; therefore, he is not entitled to correction of his DD Form 214 to show a second award of the BSM.

7.  Nevertheless, while the available evidence is insufficient for correcting his record to show a second award of the BSM, this in no way affects his right to pursue his claim for the BSM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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 item 24 of his DD Form 214 to add:

* BSM
* PH
* AM
* ARCOM with "V" Device
* CIB
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars to be affixed to his previously-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 second BSM.



      ___________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)                                         AR20100019779



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