IN THE CASE OF:	  

		BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20110023920 


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
* Army Commendation Medal
* any other awards

2.  The applicant states the awards are not listed on his DD Form 214.

3.  The applicant provides his 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's records show he enlisted in the Regular Army on 23 February 1967 and he held military occupational specialty 17L (Airborne Sensor Specialist).  He served in Vietnam from 24 November 1968 to 21 November 1969.  He was assigned to the 73rd Aviation Company (Surveillance Airplane).

3.  He was honorably released from active duty in the rank/grade of specialist five/E-5 on 24 November 1969.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal
* Army Good Conduct Medal

4.  On 4 February 2003, he was issued a DD Form 215 (Correction to DD Form 214) that added award of:

* one bronze service star to the Vietnam Service Medal
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal.

6.  His records do not contain general orders which authorized him award of the Bronze Star Medal.

7.  A review of 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, failed to reveal any orders for the Bronze Star Medal for him.

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

9.  Department of the Army General Orders (DAGO) 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.

10.  DAGO Number 55, dated 1971, awarded the 73rd Aviation Company the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 May 1969 to 20 April 1970.

11.  Appendix B of Army Regulation 600-8-22 shows that during his service in the Republic of Vietnam campaign participation credit was awarded for the:

* Vietnam Counteroffensive Phase VI – 2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969 – 23 February-8 June 1969
* Vietnam Summer-Fall 1969 – 9 June-31 October 1969
* Vietnam Winter-Spring 1970 – 1 November 1969-30 April 1970

12.  Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

2.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars in lieu of one bronze service star to be affixed to his Vietnam Service Medal.

3.  With respect to the Army Commendation Medal, the applicant was previously issued a DD Form 215 that captured this award.  He was provided with a copy of this DD Form 215 by separate correspondence.

4.  With respect to the Bronze Star Medal, there is no evidence in his records and he provides none to show he was recommended for or awarded the Bronze Star Medal.  The governing Army regulation states that a formal recommendation, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Bronze Star Medal).  In the absence of orders, there is insufficient evidence to correct his records to show this award.

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 deleting the Vietnam Service Medal with one bronze service star from his DD Form 214 and adding the:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 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)                                         AR20110023920



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ABCMR Record of Proceedings (cont)                                         AR20110023920



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