IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100026653 


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 award of the Bronze Star Medal (BSM) with "V" Device and the Air Medal (AM).

2.  He states these awards were not listed on his DD Form 214. 

3.  He provides:

* His DD Form 214
* An AM certificate and citation
* A BSM certificate and orders 

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 5 February 1968.  He served in the Republic of Vietnam (RVN) from 11 July 1968 to 7 July 1969 and he was assigned to Company D, 3rd Battalion, 8th Infantry, 4th Infantry Division.  He was honorably released from active duty on 4 February 1970 at the expiration of his term of service.  He was credited with 2 years of total active service.

3.  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 (VSM) with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 

4.  The AM certificate provided by the applicant, dated 19 June 1969, indicates he was awarded the AM in the RVN for the period 20 October 1968 to 19 May 1969.  Additionally, the accompanying citation stated that he participated in more than twenty-five aerial missions during this period over hostile territory in support of counterinsurgency operations.  A copy of the orders awarding him the AM were not provided or contained in his military personnel record jacket (MPRJ).

5.  Additionally, 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 United States Army Human Resources Command, failed to reveal any orders for the Air Medal pertaining to the applicant.

6.  General Orders Number 6102, issued by Headquarters, 4th Infantry Division, dated 24 September 1969 awarded him the BSM with "V" Device for heroism for the period 5 to 7 March 1969.  These orders are contained in his MPRJ.

7.  His record shows no evidence of nonjudicial punishments under Article 15 of the Uniform Code of Military Justice (UCMJ) and no evidence of courts-martial or any other type of adverse action.  Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

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

9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  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 3rd Battalion, 8th Infantry, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by Department of the Army General Order Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO
Number 53, dated 1970

11.  Army Regulation 600-8-22 (Military Awards) 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.

12.  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, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* 
Tet 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a copy of the certificate and citation for the AM.  However, there are no orders in his MPRJ and he did not provide any orders awarding him the AM.  In the absence of official orders awarding the applicant the AM there is insufficient evidence to add the AM to his DD Form 214 at this time.

2.  General orders awarded him the BSM with "V" Device for heroism in Vietnam during the period 5-7 March 1969.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence of record shows he received "excellent" conduct and efficiency ratings throughout his service, he had no record of courts-martial, and no commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the first award of the AGCM for the period 5 February 1968 through
4 February 1970 and correction of his DD Form 214 to show this award.

4.  The evidence of record shows his unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The applicant participated in four campaigns phases during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his already-awarded VSM.

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 with three bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
5 February 1968 through 4 February 1970; and

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

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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 adding the Air Medal to his DD Form 214.



      ____________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)                                         AR20100026653



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ABCMR Record of Proceedings (cont)                                         AR20100026653



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