IN THE CASE OF:	  

		BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20120020830 


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) with an effective date of 14 January 1972 to show award of the Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medal, but his DD Form 214 does not reflect the award.

3.  The applicant provides:

* DD Form 214 with an effective date of 29 November 1970
* DD Form 214 with an effective date of 14 January 1972
* Bronze Star Medal Certificate
* Bronze Star Medal Citation

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.  He previously completed 1 year and 17 days of enlisted service in the Regular Army.  He was appointed a warrant officer one in the U.S. Army Reserve on 30 November 1970 and entered active duty that date.

3.  He served in the Republic of Vietnam from 10 March 1971 to 7 January 1972. 
He was assigned to the:

* 159th Aviation Battalion from 23 March 1971 to 16 July 1971
* 101st Aviation Battalion from 17 July 1971 to 7 January 1972

4.  On 14 January 1972, he was released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Aviator Badge
* Army Good Conduct Medal
* Vietnam Service Medal
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)

5.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show he was awarded the Bronze Star Medal.

6.  There are no orders in his Military Personnel Records Jacket (MPRJ) for award of the Bronze Star Medal.

7.  A 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding him the Bronze Star Medal.

8.  ADCARS does contain Headquarters, 101st Airborne Division (Airmobile), General Orders Number 400, dated 5 January 1972, awarding him the Army Commendation Medal for meritorious service in the Republic of Vietnam from March 1971 to March 1972.

9.  The applicant provided a Bronze Star Medal Citation indicating he was awarded the Bronze Star Medal for outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 10 March 1971 to 9 March 1972.

10.  The applicant provided a Bronze Star Medal Certificate indicating he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period 10 March 1971 to 9 March 1972.  This certificate was signed on 5 January 1972.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment to the 159th Aviation Battalion, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March to 9 October 1971.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Paragraph 1-19 states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

	b.  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.

	c.  Based on his dates of service in Vietnam, table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows participation credit was awarded for the:

* Vietnam Counteroffensive Phase VII Campaign (1 July 1970-30 June 1971)
* Consolidation I Campaign (1 July 1971-30 November 1971)
* Consolidation II Campaign (1 December 1971-29 March 1972)

	d.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1.  Authorized service stars will be worn on the appropriate campaign and service medal, which is the Vietnam Service Medal in this case.


DISCUSSION AND CONCLUSIONS:

1.  His DA Form 66 does not indicate he was awarded the Bronze Star Medal.  There are no orders in his MPRJ awarding him the Bronze Star Medal.  A review of ADCARS failed to reveal any orders awarding him the Bronze Star Medal.

2.  ADCARS did reveal orders awarding him the Army Commendation Medal for meritorious service in the Republic of Vietnam during the same period as shown on the Bronze Star Medal Certificate and Citation the applicant provided.  Army Regulation 600-8-22 states only one decoration will be awarded to an individual for the same period of meritorious service.

3.  In view of the above, there is insufficient evidence to add award of the Bronze Star Medal to his DD Form 214.  However, it is appropriate to add the Army Commendation Medal to his DD Form 214 with an effective date of 14 January 1972.

4.  He participated in three campaigns in the Republic of Vietnam.  Therefore, he is authorized three bronze service stars for his Vietnam Service Medal.

5.  While he was assigned to the 159th Aviation Battalion, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is authorized 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 amending his DD Form 214 with an effective date of 14 January 1972 as follows:

	a.  deleting award of the Vietnam Service Medal and

	b.  adding the following awards:

* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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 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)                                         AR20120020830



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ABCMR Record of Proceedings (cont)                                         AR20120020830



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