IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100020997 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Bronze Star Medal (BSM) with one oak leaf cluster (1OLC) and his Army Commendation Medal (ARCOM) with "V" Device.

2.  The applicant states his award of the BSM with 1OLC and the Army Commendation Medal (ARCOM) with "V" Device were not added to his DD Form 214 at the time of his release from active duty (REFRAD).

3.  The applicant provides copies of award certificates for all of the awards and orders for the ARCOM for heroism.

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 was inducted into the Army of the United States in Los Angeles, California, on 15 July 1969.  He completed basic training and advanced individual training as a light weapons infantryman at Fort Ord, California, and was transferred to Vietnam on 9 December 1969.

3.  He was assigned to Company B, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division, for duty as an automatic rifleman.  He was promoted to the rank of sergeant on 1 September 1970.  On 5 October 1970, he was reassigned to Headquarters and Headquarters Company for duty as a radio telephone operator in the tactical operations center.  After participating in three campaigns, he departed Vietnam on 8 December 1970 for assignment to Berlin, Germany.

4.  He arrived in Germany on 29 December 1970 and remained there until 4 July 1971 when he was transferred to Fort Dix, New Jersey, where he was honorably REFRAD in the rank of SGT on 5 July 1971 as an overseas returnee.  He completed 1 year, 11 months, and 21 days of total active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Good Conduct Medal, the Army of Occupation Medal, the BSM, the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Campaign Medal, the ARCOM, and the Vietnam Service Medal (VSM).

5.  A review of the applicant's records shows orders awarding the applicant the Air Medal on 9 August 1970 for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period December 1969 to May 1970, the ARCOM for meritorious achievement on 11 September 1970, the BSM for meritorious service during the period December 1969 to December 1970, and the ARCOM for heroism on 17 May 1970.

6.  The two BSM certificates provided by the applicant show he was awarded the BSM (first award) for the period December 1969 to November 1970 on 5 December 1970.  However, the certificate for award of the BSM with 1OLC was also awarded for the same period on the same date.  There are no orders in the official records to document award of the BSM with 1OLC.

7.  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 a second award of the BSM or the ARCOM pertaining to the applicant.

8.  In the processing of this case a staff member contacted the applicant in an attempt to locate orders for award of the BSM with 1OLC.  The applicant stated he did not have orders for the BSM with 1OLC, but he provided orders for his award of the ARCOM for heroism.  The applicant was advised that orders were necessary to have awards added to his records.

9.  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.

10.  Army Regulation 600-8-22 also provides in paragraph 1-18 that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit was awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during the period the applicant was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM for meritorious service and a second ARCOM for heroism.  Accordingly, he is entitled to have his records corrected to show he was awarded the ARCOM with "V" Device and 1OLC.

2.  The applicant provides two BSM Certificates that show two awards of the BSM; however, they are for the same period of meritorious service and his records only contain orders for one award of the BSM.  Additionally, the applicable regulation prohibits awarding two awards for the same period.  Therefore, in the absence of duly-constituted orders, there appears to be no basis to add a second award of the BSM to his records.

3.  However, the applicant's records do contain orders awarding him the Air Medal.  Accordingly, this award should be added to his records at this time.

4.  The applicant served during three campaigns while in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

5.  Additionally, the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to have these awards added to his records at this time.

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:

* deleting the ARCOM and the VSM from his DD Form 214
* adding the Air Medal, the ARCOM with "V" Device and 1OLC, the VSM with three bronze service stars, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation to his DD Form 1214

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 adding a second award of the 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)                                         AR20100020997



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ABCMR Record of Proceedings (cont)                                         AR20100020997



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