IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110010053 


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 the Bronze Star Medal (BSM) and the Army Good Conduct Medal (AGCM).

2.  The applicant states he was told by his commanding officer that he would be awarded the BSM.  He was awarded a service medal and the Combat Infantryman Badge (CIB) but not the BSM.  He contends that he was awarded the AGCM by general orders.

3.  The applicant provides a DD Form 214, letters from the National Personnel Records Center and Army Review Boards Agency Support Division, Letter of Commendation, Recommendation for Decoration for Valor or Merit, and orders for the AGCM and CIB.

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 17 June 1971 and was awarded military occupational specialty 35K (Avionics Mechanic) upon completion of initial entry training.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 25 March 1972 to 
11 February 1973.  Item 41 (Awards and Decorations) does not include the BSM or AGCM.

4.  Headquarters, 1st Aviation Brigade General Orders Number 337, dated 
25 January 1973, awarded him the Army Commendation Medal (ARCOM) for meritorious service during the period 14 March 1972 - 5 February 1973.

5.  Headquarters, 9th Infantry Division, Fort Lewis, WA, General Orders Number 607, dated 21 May 1974, awarded him the AGCM.

6.  There is no evidence in his military records showing he was awarded the BSM.

7.  On 14 June 1974, he was honorably released from active duty.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Combat Infantryman Badge
* RVN Campaign Medal
* one Overseas Service Bar

8.  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 BSM pertaining to the applicant.

9.  He provides a Recommendation for Decoration for Valor or Merit that shows he was recommended for the BSM for meritorious service during the period 
15 March - 26 June 1972.  He also provided letters from the National Personnel Records Center and Army Review Boards Agency Support Division and a Letter of Commendation.  These documents do not show he was awarded the BSM.

10.  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, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  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 campaigns:

* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire (30 March 1972 - 28 January 1973)

12.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 
8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the BSM and the AGCM has been carefully reviewed.

2.  Orders show he was awarded the ARCOM and the AGCM.  Therefore, he is entitled to correction of is DD Form 214 to show these awards.

3.  Evidence shows he participated in two campaign phases during his service in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these awards.

4.  All units that served in the RVN were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  Evidence shows that he was recommended for the BSM; however, there is no evidence in his military files showing that the recommendation was approved or that he was awarded the BSM.  Therefore, this portion of his request should be denied.  

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; and 

	b.  adding to item 24 of his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, and the 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 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)                                         AR20110010053



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ABCMR Record of Proceedings (cont)                                         AR20110010053



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