IN THE CASE OF:
BOARD DATE: 10 October 2013
DOCKET NUMBER: AR20130003252
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 some awards of the Bronze Star Medal and other unit citations.
2. The applicant states the process of awards and decorations during the Vietnam war was slow. He was assigned to the 155th Assault Helicopter Company, 1st Aviation Brigade.
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 service records are not available for review with this case. However, he provides a DD Form 214 which is sufficient for the Board to conduct an impartial analysis of his case.
3. His DD Form 214 shows he entered active duty in the rank of second lieutenant on 2 May 1967 and held an aviation specialty. He served in Vietnam from 23 August 1968 to 16 August 1969.
4. He was honorably released from active duty in the rank of captain on 31 July 1971. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Good Conduct Medal
* Army Aviator Badge
* Vietnam Service Medal
* Vietnam Campaign Medal
* Two overseas service bars
* Distinguished Flying Cross
* Air Medal
5. There are no orders in his reconstructed record that show he was awarded the Bronze Star Medal.
6. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Bronze Star Medal for him
7. His DA Form 66 (Officer Qualification Record) which would have shown his unit of assignment in Vietnam is not available for review with this case. Likewise, assignment and/or attachment orders are not available for review with this case.
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. Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam, campaign participation credit was awarded for the following campaigns. This regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
10. Department of the Army General Orders 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 Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service record is not available for review with this case. However, based on the DD Form 214 he provides:
a. He was awarded the Vietnam Service Medal. Additionally, he participated in four campaigns while serving in Vietnam. Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal.
b. General orders awarded all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show this award.
2. There is insufficient evidence in the available record that shows he 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 in orders are required. In the absence of orders or any other corroborating documents, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 adding to his DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to his already-awarded Vietnam Service Medal.
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) AR20130003252
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ABCMR Record of Proceedings (cont) AR20130003252
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