IN THE CASE OF:	

		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110006029 


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 any other awards to which he is entitled.

2.  The applicant states he never received the Bronze Star Medal and he would like it sent to him.  He would also like his records reviewed and corrected to show any additional awards.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
* Bronze Star Medal Certificate
* list of unit awards for the 158th Aviation Battalion

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 records show he enlisted in the Regular Army on 22 August 1967 and he held military occupational specialty 67N (UH-1 Helicopter Repairman).  He served in Vietnam as follows:

* 19 September 1968-6 April 1969 while assigned to Company B, 101st Aviation Battalion
* 7 April-11 September 1969 while assigned to Company A, 158th Aviation Battalion

3.  General Orders Number 12376, dated 30 October 1969, issued by Headquarters, 101st Airborne Division, awarded him the Air Medal with "V" Device (3rd Award) for heroism while participating in aerial flight in Vietnam on 18 July 1969.

4.  He was honorably released from active duty on 21 August 1970 and he was transferred to the U.S. Army Reserve.  He completed 3 years of creditable active service.

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

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* Air Medal
* Vietnam Service Medal
* Army Commendation Medal
* Purple Heart
* Army Good Conduct Meal

6.  His records do not contain orders awarding him the Bronze Star Medal and item 41 (Awards and Decorations) of his DA Form 20 does not show the Bronze Star Medal.

7.  A 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 orders for the Bronze Star Medal pertaining to the applicant.

8.  The applicant provides a Bronze Star Medal Certificate that shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in Vietnam during the period 1 October 1968 to 31 May 1969.

9.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is 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.

10.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states 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, participation credit was awarded for the following four campaigns:

* 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)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to Company B, 101st Aviation Battalion, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970

13.  Department of the Army Pamphlet 672-3 shows that while he was assigned to Company A, 158th Aviation Battalion, this unit was cited for award of the:

* Presidential Unit Citation for the period 10 through 21 May 1969 by DAGO Number 16, dated 1972
* Valorous Unit Award for the period 17 April through 7 May 1969 by DAGO Number 2, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 2 February 1969 through 2 May 1970 by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the three awards of the Air Medal with "V" Device while only one award of the Air Medal is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record shows 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.  He served in Vietnam during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  DAGO awarded his units in Vietnam the Presidential Unit Citation, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment to these units.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  With respect to the Bronze Star Medal, the governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Bronze Star Medal).  Regrettably, in the absence of orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.

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 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:

* deleting the Air Medal and Vietnam Service Medal from item 24 of his DD Form 214
* adding the following awards to item 24 of his DD Form 214:

* Air Medal with "V" Device (3rd Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960) 
* Presidential Unit Citation
* Valorous Unit Award
* 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 the correction of his DD Form 214 to show 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)                                         AR20110006029



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ABCMR Record of Proceedings (cont)                                         AR20110006029



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