IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110006367 


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 Army Good Conduct Medal and the Air Medal.

2.  The applicant states these medals were earned but are not shown on his DD Form 214.

3.  The applicant provides his DD Form 214 and a certificate.

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 was inducted into the Army of the United States on 14 July 1969 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam as follows:

* 5 July 1970 - 7 March 1971 while assigned to 1st Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile)
* 8 March - 3 July 1971 while assigned to 1st Battalion 12th Cavalry, 1st Cavalry Division (Airmobile)

3.  General Orders (GO) Number 15504, dated 21 August 1970, issued by the 1st Cavalry Division, awarded him the Army Commendation Medal with "V" Device for distinguishing himself by heroism in combat operations against a hostile force from 5 to 7 August 1970.

4.  GO Number 3251, dated 19 February 1971, issued by the 1st Cavalry Division, awarded him the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious achievement not involving participation in aerial flight in connection with ground operations against a hostile force from 1 December 1970 to 1 February 1971.

5.  GO Number 941, dated 29 June 1971, issued by the 1st Cavalry Division, awarded him the Army Good Conduct Medal (1st Award) for the period 14 July 1969 to 3 July 1971.

6.  He was honorably released from active duty on 3 July 1971 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 20 days of creditable active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows, in pertinent part, the Army Commendation Medal and the Bronze Star Medal but does not show the Air Medal.

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

9.  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 Air Medal pertaining to the applicant.

10.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  A review of his records indicates entitlement to additional awards.

12.  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 two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Vietnam Consolidation I (1 July - 30 November 1971)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the 1st Battalion, 8th Cavalry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 to 28 February 1971 by Department of the Army GO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal with "V" Device, Bronze Star Medal (1st Oak Leaf Cluster), and the Army Good Conduct Medal (1st Award) which are not 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 confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

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

4.  With respect to his request to have his DD Form 214 corrected to show award of the Air Medal, there is no evidence in the available records that shows the applicant was awarded the Air Medal.  The governing Army regulation states that for personal decorations (which include the Air Medal) formal recommendations, approval through the chain of command, and announcement in orders are required.  Regrettably, in the absence of orders, there is insufficient evidence to correct his records to show the Air Medal.

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:

* Deleting from item 24 of his DD Form 214 the Army Commendation Medal, Bronze Star Medal, and the Vietnam Service Medal
* Adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal with "V" Device
* Bronze Star Medal (2nd Award)
* Vietnam Service Medal with two 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 correction of his DD Form 214 to show award of the Air 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)                                         AR20110006367





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ABCMR Record of Proceedings (cont)                                         AR20110006367



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