IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024745 


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 award of the Army Commendation Medal with "V" Device, Valorous Unit Award, and the Bronze Star Medal.

2.  The applicant states his DD Form 214 is correct except for the missing three awards listed.  Company F, 51st Infantry was nominated for the Bronze Star Medal for the unit and he wants to know what became of that request.

3.  The applicant provides his DD Form 214, three orders, an award citation, and a unit identification card.

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 on 9 October 1967 and he held military occupational specialty 11F (Infantry Operations and Intelligence Specialist).

3.  During his service in Vietnam he was assigned to:

* Company F, 51st Infantry  from 15 May 1968 through 21 January 1969
* 79th Infantry Detachment from 22 January through 31 January 1969
* Company P, 75th Infantry from 1 February to 4 May 1969

4.  General Orders (GO) Number 388, issued by Headquarters, II Field Force Vietnam, dated 14 February 1969, awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 19 November 1968.

5.  He was honorably released from active duty on 12 May 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 7 months, and 4 days of total active service.

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

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal
* Vietnam Campaign Medal
* Purple Heart (3rd Award)
* Parachutist Badge
* Combat Infantryman Badge
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  There are no orders in his records that show he was awarded the Bronze Star Medal.

8.  Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources 


Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973 failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

9.  The applicant provides an award citation that shows Department of the Army General Orders (DAGO) Number 48, dated 13 September 1968, cited Company F, 51st Infantry for award of the Valorous Unit Award for the period 31 January to 19 February 1968.

10.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

11.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is an individual award awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69, Counteroffensive, 1969 (23 February - 8 June 1969

13.  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.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 through 28 March 1973.


DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal with "V" Device which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award

2.  His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  General orders awarded all units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  With respect to the Valorous Unit Award, unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.  Evidence shows the applicant was not assigned to Company F, 51st Infantry, during the period this unit was cited for this unit award.  Therefore, he is not entitled to correction of his DD Form 214 to show this unit award.

5.  With respect to the Bronze Star Medal, this award is an individual award and not a unit award.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendations, approval through the chain of command, and announcement in orders are required.  In the absence of orders, there is insufficient evidence to correct his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

	b.  adding to item 24 of his DD Form 214 the:

* Army Commendation Medal with "V" Device
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that 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 the awards of the Valorous Unit Award and the 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)                                         AR20100024745



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ABCMR Record of Proceedings (cont)                                         AR20100024745



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