IN THE CASE OF:	  

		BOARD DATE:	    25 August 2011

		DOCKET NUMBER:  AR20110003577 


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 and Air Medal.

2.  The applicant states the medals were not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, general orders awarding the Bronze Star Medal, and a self-authored statement.

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 enlisted in the Regular Army on 7 February 1969.  He was awarded military occupational specialty 11B2D (Infantryman Light Weapons).  The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.

3.  His DA Form (Enlisted Qualification Record) shows that during his tour of duty in the Republic of Vietnam, from 4 October 1969 to 29 September 1970, he was assigned to Company C, 75th Infantry and Company C, 4th Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade.

4.  His record contains (and he also provides) General Orders Number 2524, dated 16 September 1970, which awarded him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from September 1969 to September 1970.

5.  His DD Form 214, item 24 (Decorations Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), shows he is entitled to:

* the National Defense Service Medal
* the Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Parachutist Badge

6.  There are no indications in the applicant's service personnel records which show that he was awarded or recommended for award of the Air Medal.

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 Air Medal pertaining to the applicant.

8.  A review of the applicant's records reveals he is entitled to additional awards and decorations.

9.  Army Regulation 600-8-22 (Military Awards), 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 Summer-Fall 1969
* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

10.  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.  This pamphlet shows the unit to which the applicant was assigned was cited for award of:

* Valorous Unit Award, Department of the Army General Order (DAGO) 11, 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period  1 February 1969 to 26 September 1970, DAGO 51, 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, 15 April 1969 to 16 March 1971, DAGO 5, 1973

11.  Army Regulation 600-8-22 (Military Awards) states the Air Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Bronze Star Medal and Air Medal was carefully considered and determined to have partial merit.



2.  Orders show he was awarded the Bronze Star Medal on 16 September 1970.  Therefore, he is entitled to correction of his records to show receipt of this award.

3.  Records do not show the applicant was awarded or recommended for award of the Air Medal nor did the applicant provide such evidence.  Therefore, there is insufficient evidence to add the Air Medal to his DD Form 214.

4.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for the wear of four service stars to be affixed to his Vietnam Service Medal.  Records further show he is entitled to wear the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 adding to item 24 of his DD Form 214 the: 

* Bronze Star Medal
* four bronze service stars to his previously awarded Vietnam Service Medal
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal

2.  The Board further determined that the evidence presented was 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)                                         AR20110003577



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ABCMR Record of Proceedings (cont)                                         AR20110003577



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