IN THE CASE OF:	  

		BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110015385 


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, correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

* Air Medal
* Bronze Star Medal
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation

2.  The applicant states he was severely wounded and sent back to the U.S. after serving less than 3 months in Vietnam.

3.  The applicant provides:

* Bronze Star Medal Certificate, dated 24 June 1970
* Army Commendation Medal Certificate, dated 20 June 1970
* Air Medal Certificate, dated 3 July 1970
* DD Form 214

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 was inducted into the Army on 15 May 1969.  He completed training as a light weapons infantryman.  He arrived in Vietnam on 20 April 1970 and was assigned to C Company, 6th Battalion, 31st Infantry, 9th Infantry Division.

3.  He participated in the following three campaigns:

* Vietnam Winter - Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970
* Vietnamese Counteroffensive Phase VII Campaign, which extended from 1 July 1970 through 30 June 1971

4.  General Orders Number 7258 was published on 24 June 1970, awarding the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from April 1970 through June 1970.

5.  General Orders Number 2824 was published on 3 July 1970, awarding him the Air Medal for meritorious achievement while participating in sustained aerial flight from 27 April 1970 until 12 June 1970.

6.  The applicant departed Vietnam en-route to the U.S. on 9 July 1970.  He was honorably released from active duty on 14 May 1971.  Item 24 on his DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  A review of the applicant’s official military personnel file (OMPF) fails to reveal orders awarding him the Army Commendation Medal.

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 awarding the applicant the Army Commendation Medal.

9.  Army Regulation 600-8-22 (Military Awards) states:

   a.  the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required;

   b.  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.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal; and

	c.  a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam 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.


11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet does not show the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  His supporting evidence has been considered.

2.  Although he submits an Army Commendation Medal Certificate, there are no orders in his OMPF or in ADCARS showing he was awarded the Army Commendation Medal.  

3.  Department of the Army Pamphlet 672-3 does not show the unit to which he was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

4.  The evidence of record does show the following awards should be added on his DD Form 214:

* Air Medal
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars to be affixed to his already-awarded Vietnam Service 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 amending item 24 on his DD Form 214 to show the following:

* Air Medal
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars to be affixed to his already-awarded Vietnam Service Medal

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 amending item 24 on his DD Form 214 to show the Army Commendation Medal and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  




      _______ _   __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)                                         AR20110015385





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ABCMR Record of Proceedings (cont)                                         AR20110015385



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