IN THE CASE OF:	  

		BOARD DATE:  21 February 2012

		DOCKET NUMBER:  AR20110017292 


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), three awards of the Army Commendation Medal (ARCOM) of which two were for valor, and 21 Air Medals (AM).

2.  The applicant states:

	a.  he was awarded the BSM, three ARCOMs, and twenty-one AMs;

   b.  he has orders for his ARCOMs and AMs and a certificate and citation for the BSM;
   
   c.  he never received his award of the Army Good Conduct Medal (AGCM), which was initiated and approved while he served with the 336th Assault Helicopter Company based out of Van Nuys, California; and
   
   d.  he believes his award of the AM with Numeral 2 through the United States Army Reserve (USAR) on 16 November 1972, should reflect his receipt of twenty-two AMs because he was previously awarded twenty one AMs.


3.  The applicant provides:

* BSM certificate and citation
* three ARCOM orders
* five AM orders
* letter dated 16 November 1972
* two DD Forms 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's military record shows he initially enlisted in the Regular Army on 28 December 1967.  He was trained in and awarded military occupational specialty 67N (UH-1 Helicopter Repairman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Republic of Vietnam (RVN) from on or about 30 June 1969 to 30 July 1970.  Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 173rd Airborne Division.  The BSM is not included in the list of the awards shown in  Item 41 (Awards and Decorations).

4.  His official military personnel file (OMPF) contains Headquarters, 82nd Airborne Division, Special Orders Number (#) 80 dated 27 March 1969.  It shows the applicant qualified "expert" with the M-16 rifle.

5.  His OMPF includes the following general orders (GO) issued by Headquarters, 173rd Airborne Brigade which announced the awards indicated:

* GO #2359, dated 3 October 1969 - ARCOM with "V" Device
* GO #1620, dated 26 June 1970 - AM with 21st Oak Leaf Cluster (OLC)
* GO #1809, dated 15 July 1970 - ARCOM with "V" Device
* GO #1963, dated 28 July 1970 - ARCOM 
6.  On 1 August 1970, the applicant was honorably released from active duty (REFRAD) and transferred to the USAR.  His DD Form 214 shows he completed 2 years, 7 months, and 4 days of creditable active duty service and item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he received the following awards:

* National Defense Service Medal (NDSM)
* ARCOM with "V" Device
* Aircraft Crewman Badge (ACB)
* Parachutist Badge
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device 1960
* 2 Overseas Bars
* Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar

7.  On 14 January 1972, the applicant reentered active duty in the rank of specialist five (SP5/E-5).

8.  On 17 November 1972, the Office of the Adjutant General, USAR Components and Administration Center, issued the applicant a letter informing him he was awarded the AM with Numeral 2.

9.  On 9 October 1973, the applicant was appointed a Reserve warrant officer in the rank WO1, and completed his oath of office.

10.  On 12 October 1973, Headquarters, United States Army Aviation Center and Fort Rucker, published GO #286.  It announced the applicant's award of the AGCM for his honorable service completed from 28 December 1967 to 4 August 1970.

11.  The applicant's OMPF is void of any orders or documents that indicate he was ever recommended for or awarded the BSM while serving in Vietnam or at any other time during his military service.

12.  On 16 October 1973, the applicant was honorably REFRAD in the rank of WO1 after completing a total of 3 years, 4 months, and 9 days of total active service.  Item 24 of his DD Form 214 shows earned the Aviation Badge.

13.  The applicant provides a certificate that shows he was awarded the BSM for meritorious achievement while serving in the RVN from September 1969 to September 1970.  He also provides an award citation that shows the BSM was presented to him for meritorious service in the RVN during the same period.

14.  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.

15.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  

   a.  Paragraph 2-13 of the awards regulation contains the regulatory guidance on 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 the applicant's service in Vietnam, he participated in the following four campaigns:

* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

   b.  Paragraph 3-14 contains guidance on award of the BSM and states it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   c.  Paragraph 3-16 provides guidance on the award of the AM.  Numerals, starting with 2" will be used to denote second and subsequent awards of the AM.
   
   d.  Paragraph 6-3 provides guidance on OLCs.  It states an OLC denotes award of a second and succeeding awards of decorations (other than the AM), the Army Reserve Components Achievement Medal, and unit awards.
   
   e.  Paragraph 8-28 contains guidance on the award of the Basic Aviation Badge and it states this badge was formerly the Aircraft Crew Member Badge.

16.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (173rd Airborne Division) earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC) and RVN Civil Actions Honor Medal First Class Unit Citation (RVNCAHM).
17.  Army Regulation 635-5 (Separation Documents), effective 23 August 1973, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the Officer Qualification Record (DA Form 66), or the Enlisted Qualification Record (DA Form 20) are to be entered in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  This was to cover all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the BSM, 3 ARCOMs, 22 AMs, and the AGCM.  There is sufficient evidence to support awarding a portion of his claim.

2.  The evidence of record confirms the applicant was awarded 3 ARCOMS two of which were with "V" Device signifying valor.  It also shows subsequent to his receipt of the AM with 21st OLC, awarded on 26 June 1970, he was awarded the AM with Numeral 2 on 16 November 1972.  Based on this additional AM award, his record should be corrected to show he is authorized the AM with Numeral 22.  In addition, his record contains official orders announcing his award of the AGCM for his initial period of qualifying honorable active duty enlisted service.  Accordingly, his final DD Form 214 should be corrected to add the ARCOM with two Oak Leaf Clusters and "V" Device, AM with Numeral 22, and AGCM.

3.  The evidence of record also shows that based on the applicant's service and campaign participation in the RVN, he is also entitled to RVNGC, RVNCAHM, and four bronze service stars to be affixed to his already-awarded VSM.  Thus, it would also be appropriate to add these awards to his DD Form 214.

4.  The evidence of record also confirms he earned the Expert Marksmanship Qualification Badge with M-16 Rifle Bar.  This qualification is not reflected on his DD Form 214 and should be added.

5.  There are no available general orders showing the applicant was awarded the BSM by the appropriate award authority.  Absent any official documents to substantiate his claim to the BSM, there is an insufficient evidentiary basis upon which to grant the requested relief.

6.  Should the applicant have, or be able to obtain a copy of the orders awarding him the BSM to corroborate his claim and the evidence he provides, he may submit another request for consideration.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X ___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 his final DD Form 214 issued on 16 October 1973, by:

	a.  deleting current entry and replacing it with the following awards:

* Air Medal with Numeral 22
* Army Commendation Medal with two Oak Leaf Clusters and
"V" Device
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Aviation Badge
* Expert Marksmanship Qualification Badge with Rifle [M-16] Bar
* Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar
* 2 Overseas Service Bars

	b.  issuing to the applicant a correction to his DD Form 214 to reflect these awards.


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 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)                                         AR20110017292





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ABCMR Record of Proceedings (cont)                                         AR20110017292



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