IN THE CASE OF:	  

		BOARD DATE:  21 August 2012

		DOCKET NUMBER:  AR20120003240 


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:

* Purple Heart
* Bronze Star Medal
* Two additional awards of the Air Medal with "V" Device

2.  The applicant states the above medals are not listed on his DD Form 214; however, he has supporting evidence to show he was awarded the medals for his service in Vietnam.

3.  The applicant provides:

* DD Form 214
* General Orders (GO) Number 36 awarding the Purple Heart
* Certificate showing award of the Air Medal
* GO Number 5618 awarding the Air Medal with "V" Device
* GO Number 5535 and certificate awarding the Air Medal with "V" Device

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 10 February 1969 and he held military occupational specialty 67N (UH-1 Helicopter Repairman). 

3.  He served in Vietnam from 30 November 1969 to 29 June 1971.  He was assigned to:

* 370th Transportation Detachment, 7th Squadron, 1st Air Cavalry, from on or about 7 December 1969 to 10 June 1970
* A Troop, 7th Armored Squadron, 1st Air Cavalry, from 11 June 1970 to 26 June 1971

4.  Headquarters, 1st Aviation Brigade published the following GO:

* GO Number 8253, dated 24 August 1970, awarded him the Air Medal for achievement from 25 June to 9 July 1970
* GO Number 9142, dated 15 September 1970, awarded him the Army Commendation Medal for service from November 1969 to November 1970
* GO Number 10793, dated 3 November 1970, awarded him the Air Medal with "V" Device for heroism on 13 July 1970
* GO Number 5535, dated 30 July 1971, awarded him the Air Medal with "V" Device for heroism on 13 March 1971
* GO Number 5618, dated 2 August 1971, awarded him the Air Medal with "V" Device, for heroism on 12 February 1971

5.  GO Number 32, issued by Headquarters, U.S. Army Quartermaster Center, Fort Lee, VA, dated 11 January 1971, awarded him the Army Good Conduct Medal.

6.  He provides GO Number 36, issued by Headquarters, 164th Combat Aviation Group, dated 2 April 1971, awarding him the Purple Heart for wounds received in action in Vietnam on 13 March 1971.



7.  He was honorably released from active duty on 8 January 1972.  His 
DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Two Overseas Service Bars
* Air Medal
* Air Medal with "V" Device
* Army Commendation Medal
* Vietnam Campaign Medal

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal and his records do not contain orders awarding him the Bronze Star Medal.  

9.  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 U.S. Army Human Resources Command, failed to reveal orders for the Bronze Star Medal pertaining to the applicant.

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

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 7th Squadron, 1st Air Cavalry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 15 December 1969 to 10 October 1970 based on DAGO Number 52, dated 1971.

12.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  GO's awarded the applicant the Purple Heart for wounds received in action in Vietnam and the Army Good Conduct Medal, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

2.  GO's awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  GO's awarded him the Air Medal as well as three awards of the Air Medal with "V" Device; however, his DD Form 214 only shows two of the four awards.  Therefore, he is entitled to correction of his DD Form 214 to show four awards of the Air Medal with "V" Device. 

4.  He was awarded the Vietnam Service Medal.  He also participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  He served in Vietnam from 30 November 1969 to 29 June 1971, a period of 19 months.  This should qualify him for three Overseas Service Bars and correction of his DD Form 214 to show these bars.

6.  With respect to the Bronze Star Medal, there is no evidence in the available records that show the applicant was awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  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 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 his DD Form 214 the Air Medal, Air Medal with "V" Device, Vietnam Service Medal, and two Overseas Service Bars; and 
   
   b.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Air Medal (4th Award) and "V" Device
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three Overseas Service Bars

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)                                         AR20120003240



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ABCMR Record of Proceedings (cont)                                         AR20120003240



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