IN THE CASE OF:	  

		BOARD DATE:  25 March 2014

		DOCKET NUMBER:  AR20130011818 


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:

* two Bronze Star Medals vice one Bronze Star Medal
* three Army Commendation Medals vice one Army Commendation Medal
* three Air Medals vice one Air Medal

2.  The applicant states his records should [actually] be corrected to show three Bronze Star Medals but he only has evidence for two.  He is attaching the citations for all the awards listed above.

3.  The applicant provides eight award certificates and seven orders.

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 was inducted into the Army of the United States on 9 November 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 19 November 1968 to 30 July 1969 while assigned to the 4th Battalion, 39th Infantry Regiment, 9th Infantry Division.

3.  The applicant provides the following general orders (GO) issued by Headquarters, 9th Infantry Division:

* GO Number 1449, dated 9 February 1969, awarded him the Army Commendation Medal for the period 3 to 22 January 1969
* GO Number 3933, dated 3 April 1969, awarded him the Air Medal for the period 16 December 1968 to 20 February 1969
* GO Number 3982, dated 4 April 1969, awarded him the Bronze Star Medal with "V" Device for heroism in action on 25 February 1969
* GO Number 4148, dated 7 April 1969, awarded him the Army Commendation Medal (First Oak Leaf Cluster) with "V" Device for heroism in action on 11 March 1969
* GO Number 4576, dated 16 April 1969, awarded him the Army Commendation Medal (Second Oak Leaf Cluster) for the period 1 to 30 March 1969
* GO Number 7129, dated 21 June 1969, awarded him the Air Medal for the period 3 February to 17 April 1969 
* GO Number 9488, dated 9 July 1969, awarded him the Bronze Star Medal with "V" Device for heroism in action on 25 June 1969

4.  The applicant also provides a certificate, dated 25 July 1969, wherein it shows he was awarded the Air Medal for the period 16 May to 26 June 1969.

5.  He was honorably released from active duty on 4 September 1969 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 9 months, and 26 days of creditable active service with no lost time.  

6.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal 
* Vietnam Service Medal 
* Vietnam Campaign Medal 
* Bronze Star Medal
* Army Commendation Medal 
* Purple Heart
* Air Medal 
* Combat Infantryman Badge

7.  His records are void of orders awarding him the Air Medal (3rd Award).

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  

9.  Item 41 (Awards and Decorations) of his DA Form 20 shows only two awards of the Air Medal.  It also shows award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  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 orders for the Air Medal (3rd Award) pertaining to the applicant.

11.  His records are void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

13.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal 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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in three campaigns.

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 4th Battalion, 39th Infantry Regiment was cited for award of the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969, by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969, by DAGO Number 59, dated 1969

15.  Army Regulation 600-8-22 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided GO that confirm during his service in Vietnam he was awarded the Bronze Star Medal (2nd Award) with "V" Device, Army Commendation Medal (3rd Award) with "V" Device, and the Air Medal (2nd Award).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record confirms he served honorably from 9 November 1967 to 4 September 1969.  He served with distinction in Vietnam and he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

3.  The evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214.  Therefore, he is entitled to the correction of his DD Form 214 to show this badge.

4.  His record confirms during his service in Vietnam he participated in three campaigns.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  With respect to a third award of the Air Medal, the evidence of record is void of orders showing the applicant was awarded the Air Medal (3rd Award).  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Air Medal.  Regrettably, in the absence of orders there is insufficient evidence to correct his DD Form 214 to show award of the Air Medal (3rd 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 November 1967 through 4 September 1969
* deleting from his DD Form 214 the Vietnam Service Medal, Bronze Star Medal, Army Commendation Medal, and the Air Medal
* adding to his DD Form 214 the:

* Bronze Star Medal (2nd Award) with "V" Device 
* Army Good Conduct Medal (1st Award)
* Army Commendation Medal (3rd Award) with "V" Device
* Air Medal (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation

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 a third award of the Air 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)                                         AR20130011818





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ABCMR Record of Proceedings (cont)                                         AR20130011818



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