IN THE CASE OF:	  

		BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130016624 


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 award of the Bronze Star Medal (BSM) and Air Medal with two oak leaf clusters.

2.  The applicant states his awards of the BSM and Air Medal with two oak leaf clusters were left off his DD Form 214.  His award of the BSM for meritorious achievement in ground operations against hostile forces should be upgraded to an award for valor.  He did not receive his medals because he was unable to attend the ceremony and desires to receive them.

3.  The applicant provides copies of his awards of the BSM and Air Medals.

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 enlisted in the Regular Army on 12 April 1965 for a period of 3 years and training as a helicopter mechanic.  He completed basic training at Fort Polk, Louisiana, and advanced individual training at Fort Rucker, Alabama, before being transferred to Vietnam on 21 October 1965 for assignment to the 571st Transportation Detachment.

3.  General Orders Number 1177 issued by Headquarters, 1st Aviation Brigade, on 26 November 1966 awarded the applicant the Air Medal with 2nd Oak Leaf Cluster.

4.  General Orders Number 1780 issued by Headquarters, 1st Aviation Brigade, on 19 December 1966 awarded the applicant the BSM for meritorious service.

5.  He participated in three campaigns while serving in Vietnam.  He departed Vietnam on 19 October 1966 and was transferred to Fort Eustis, Virginia, where he remained until he was honorably released from active duty (REFRAD) on 11 April 1968 due to the expiration of term of service.  He completed 3 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Aircraft Crewman Badge, and Army Good Conduct Medal.

6.  A review of the applicant's official records failed to show any evidence suggesting his award of the BSM for meritorious service should be changed to an award for valor.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, including the Vietnam Service Medal.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.

9.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, 


the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM and Air Medal with 2nd Oak Leaf Cluster and is entitled to have those awards added to his DD Form 214.

2.  Additionally, he participated in three campaigns and is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.

3.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit; therefore, he is entitled to have that unit award added to his DD Form 214.

4.  The applicant's contention that his award of the BSM for meritorious service should be changed to an award for valor was considered.  However, he failed to show through the evidence of record and the evidence submitted with his application a basis to support such a change.  Accordingly, there is insufficient evidence to grant that portion of his request.

5.  While the available evidence is insufficient for upgrading the applicant’s BSM for meritorious service to a BSM with a “V” device for valor, this in no way affects his right to pursue his claim for the upgrade by submitting a request through his Member of Congress under the provisions of 10 USC 1130.



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 award of the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 and issuing them to him –

* BSM
* Air Medal (3rd Award)
* 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 changing his BSM for service to an award for valor.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20130016624



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ABCMR Record of Proceedings (cont)                                         AR20130016624



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