IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100023281


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the Air Medal (AM), Army Commendation Medal (ARCOM), and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states he has certificates for the AM and ARCOM, but they are not recorded in his military record.  He further states he is applying for benefits and needs a list of all authorized awards for partial proof of service in the Republic of Vietnam (RVN).

3.  The applicant provides his DD Form 214; a self-authored letter, dated 18 August 2010; an ARCOM Certificate, dated 19 May 1969; and an AM Certificate, dated 17 November 1969.

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 period of 2 years on 13 May 1968.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in the RVN from 9 October 1968 to 8 October 1969.  During his service in Vietnam he was assigned to:

* Company C, 2nd Battalion, 327th Infantry Regiment, from 19 October to 23 October 1968
* Headquarters and Headquarters Company (HHC), 1st Brigade, 101st Airborne Division, from 24 October 1968 to 8 October 1969

4.  On 12 May 1970, he was honorably released from active duty at the expiration of his term of service and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)

6.  His records do not contain official orders awarding him the AM or ARCOM.

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 the AM or ARCOM.

8.  He provides an ARCOM Certificate, dated 19 May 1969, and an AM Certificate, dated 17 November 1969.

9.  Army Regulation 600-8-22 (Military Awards) provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  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 states the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  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 2nd Battalion, 327th Infantry Regiment, to which the applicant was assigned, was cited for the:

* RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, 1971

12.  Department of the Army Pamphlet 672-3 further shows HHC, 1st Brigade, 101st Airborne Division, to which the applicant was assigned, was cited for the:

* RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by DAGO Number 43, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, 1971

13.  Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross with Palm Unit Citation or not more than one RVN Civil Actions Honor Medal First Class Unit Citation will be worn by any individual.  Although multiple awards of these unit citations 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded his units the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during the periods he was assigned to these units; therefore, he is entitled to correction of his DD Form 214 to show a single award of each of these unit awards.

2.  There is no documentation in the available records to indicate he was previously awarded the AM or ARCOM.  The governing Army regulation requires formal recommendation, approval through the chain of command, and announcement in orders for award of the AM or ARCOM.  In the absence of orders, there is insufficient evidence to correct his records to show these awards.

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 the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 the AM and ARCOM.



      ___________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)                                         AR20100023281



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