IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100027098 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal and all other awards and medals he is authorized.

2.  The applicant states the National Personnel Records Center sent him a Bronze Star Medal engraved with his name accompanied by a DA Form 1577 (Authorization for Issuance of Awards), dated 29 March 2000.

3.  The applicant provides his DD Form 214 and a DA Form 1577.

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 military records show he enlisted in the Regular Army on 29 May 1967.  He completed the training requirements and he was awarded primary military occupational specialty 76Y (Unit and Organizational Supply Specialist).  The highest rank/grade he attained was specialist five/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a supply clerk while he was assigned to the 144th Aviation Company and 
146th Aviation Company, 224th Aviation Battalion in the Republic of Vietnam during the period 8 June 1970 to 31 May 1971.

4.  His records contain a Bronze Star Medal citation indicating he distinguished himself by meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 9 June 1970 to 21 May 1971.

5.  Headquarters, U.S. Army Vietnam (USARV) General Orders Number 1727, dated 19 May 1971, awarded him the Army Commendation Medal (ARCOM) for meritorious service during the period June 1970 to May 1971.

6.  He was honorably released from active duty on 29 December 1971 after completing 4 years, 7 months, and 1 day of total active service.

7.  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, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Rifle Bar 
(M-14), Expert Marksmanship Qualification Badge with Pistol Bar .45 caliber, and two Overseas Service Bars.

8.  Department of the Army Pamphlet 672-3 shows a unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Meritorious Unit Commendation based on Department of the Army General Orders Number 32, dated 1973.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour of duty in Vietnam he participated in the following campaigns:

* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
10.  Army Regulation 600-8-22 prescribes that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

11.  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 award of the Bronze Star Medal pertaining to the applicant.

12.  USARV Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. 

DISCUSSION AND CONCLUSIONS:

1.  His records contain a citation for the Bronze Star Medal for meritorious service during the period 9 June 1970 to 21 May 1971.  However, there are no orders available showing he was awarded the Bronze Star Medal.  General Orders 1727 awarded him the ARCOM for meritorious service for the period of service from June 1970 to May 1971.  Since a Soldier cannot be awarded two medals for the same period of time it would be reasonable to presume he was recommended for award of the Bronze Star Medal which was downgraded to an Army Commendation Medal.  As such, he is entitled to have the ARCOM added to his DD Form 214.

2.  He was awarded the Vietnam Service Medal and his records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with two bronze service stars.

3.  One of his units was awarded the Meritorious Unit Commendation during the period he was assigned to the unit; therefore, this unit award should be added to his DD Form 214.

4.  In view of the foregoing, his records should be corrected as shown below.




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 the Vietnam Service Medal from his DD Form 214;

	b.  adding to item 24 of his DD Form 214 the ARCOM, Vietnam Service Medal with two bronze service stars, and Meritorious Unit Commendation; and

	c.  providing him a document to show the above corrections.

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 award of 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)                                         AR20100027098



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ABCMR Record of Proceedings (cont)                                         AR20100027098



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