BOARD DATE:	  21June 2012

		DOCKET NUMBER:  AR20110022049


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:

* Bronze Star Medal (BSM) with "V" Device
* three bronze service stars for his Vietnam Service Medal (VSM)
* Air Medal (AM) with Numeral 2

2.  The applicant states:

* he received the BSM with "V" Device for actions on 25 February 1972 at Landing Zone Maude
* he served in Vietnam during three named campaigns – Consolidation I, Consolidation II, and Cease-Fire (Easter Offensive)
* he participated in the requisite number of combat assaults for award of two AM's

3.  The applicant provides a self-authored letter.

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 for 3 years on 30 December 1970.  He was trained in military occupational specialty 11C (Indirect Fire Infantryman) and transferred to Vietnam.

3.  The applicant served in Vietnam from on or about 8 August 1971 to on or about 27 June 1972 with the 196th Infantry Brigade.

4.  General Orders Number 01504, Headquarters, 196th Infantry Brigade, Vietnam, dated 28 March 1972, awarded the applicant the AM for the period 8 August 1971 to 10 March 1972.

5.  General Orders Number 02308, Headquarters, 196th Infantry Brigade, Vietnam, dated 3 June 1972, awarded the applicant the Army Commendation Medal (ARCOM) for the period 8 August 1971 to 10 June 1972.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he had uniformly "excellent" conduct and efficiency ratings during his service.

7.  He was honorably released from active duty on 13 December 1973 after completing 2 years, 11 months, and 14 days of active service.  His DD Form 214 for the period 30 December 1970 through 13 December 1973 shows he was awarded or authorized:

* National Defense Service Medal
* one overseas service bar
* ARCOM
* VSM
* Combat Infantryman Badge
* AM
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

8.  There are no orders in the applicant's records awarding him the BSM or a second AM.  Additionally, there are no such orders in the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command.

9.  Army Regulation 600-8-22 (Military Awards) states the BSM 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 in 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.

10.  Army Regulation 600-8-22 states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

11.  Appendix B of Army Regulation 600-8-22 shows that during the applicant's service in Vietnam, there were three named campaigns:

* Consolidation I, 1 July-30 November 1971
* Consolidation II, 1 December 1971-29 March 1972
* Vietnam Cease-Fire, 30 March 1972-28 January 1973

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM.  It stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the AM.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request was evaluated and considered to have partial merit.

2.  There is no evidence he was ever awarded a BSM for either merit or valor ("V" Device).  Likewise, there is no evidence he was awarded a second AM.  Without proof of such awards, this portion of his request should be denied.

3.  The applicant is authorized three bronze service stars with his VSM.  His DD Form 214 should be corrected to show this.

4.  The applicant distinguished himself by his conduct, efficiency, and fidelity during the period 30 December 1970 through 13 December 1973.  Therefore, he should be awarded the AGCM (1st Award) and it should be added to his DD Form 214.

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 is 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:

* awarding him the AGCM (1st Award) for the period 30 December 1970 to 13 December 1973
* deleting the VSM from his DD Form 214
* adding the following awards to his DD Form 214 –

* AGCM (1st Award)
* VSM with three bronze service stars

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 award of a BSM with "V" Device and a second AM.



      __________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)                                         AR20110022049



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ABCMR Record of Proceedings (cont)                                         AR20110022049



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