IN THE CASE OF:	  

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130020045 


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 his Bronze Star Medal and any other awards he earned during his period of service be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 
27 December 1971.

2.  The applicant states he has earned several awards, including a Bronze Star Medal, that have never been put on his DD Form 214.

3.  The applicant provides no additional evidence in support of his application.

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.  On 23 June 1969, he enlisted in the Regular Army for 3 years.
3.  He served in the Republic of Vietnam from 15 January to 9 December 1970.  He was assigned to:

* 332nd Transportation Detachment (Aircraft Maintenance) (Airmobile), 
2nd Squadron, 17th Cavalry - 29 January - 15 April 1970
* Troop A, 2nd Squadron, (Airmobile), 17th Cavalry - 16 April - 9 December 1970

4.  Headquarters, 101st Airborne Division (Airmobile) issued the following general orders concerning the applicant:

	a.  General Orders Number 13300, dated 7 November 1970, awarded him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period 1 February to 
31 October 1970.

	b.  General Orders Number 13675, dated 14 November 1970, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 26 June to 9 September 1970.

5.  On 27 December 1971, he was released from active duty.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Aircraft Crewman Badge
* "Air Medal w/DVC 60"
* Bronze Star Medal
* Army Commendation Medal

6.  There are no additional orders in his Military Personnel Records Jacket (MPRJ) awarding him a second Bronze Star Medal.

7.  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 United States Army Human Resources Command, failed to reveal any additional orders awarding the applicant the Bronze Star Medal.

8.  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.  During the time of the applicant’s assignment to the 332nd Transportation Detachment the unit was awarded the:

* Valorous Unit Award - 7 December 1969 - 16 February 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 2 December 1969 - 8 January 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 25 March 1969 - 2 May 1970

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

	a.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

	b.  Table B-1 includes the following Vietnam campaigns:

* Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 	1970)
* DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 	1970)
* Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 	1971)

	c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.

DISCUSSION AND CONCLUSIONS:

1.  He contends he earned the award of the Bronze Star Medal and that it is not entered on his DD Form 214.  His MPRJ contained a set of orders awarding him the Bronze Star Medal and the Bronze Star Medal is listed on his DD Form 214.  There are no additional orders in his MPRJ awarding him a second Bronze Star Medal.  A review of ADCARS did not reveal any orders for the award of a second Bronze Star Medal.  Therefore, in the absence of evidence showing additional awards of the Bronze Star Medal, the entry for the Bronze Star Medal on his 
DD Form 214 is correct.
2.  Based on his service with the 332nd Transportation Detachment, he is authorized the:

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

3.  He participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars to be worn on his Vietnam Service Medal.

4.  He served more than 6 months in the Republic of Vietnam.  Therefore, he is authorized the Republic of Vietnam Campaign Medal with Device (1960).

5.  The entry "Air Medal W/DVC 60" on his DD Form 214 is incorrect.  The Device (1960) is not authorized for the Air Medal.  Orders do show he was awarded the Air Medal.  Therefore, it is appropriate to change the entry on his DD Form 214 to read "Air Medal." 

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 amending his DD Form 214 with an effective date of 27 December 1971 as follows:

	a.  Delete the:

* Air Medal W/DVC 60
* Vietnam Service Medal

	

	b.  Add the:

* Air Medal
* Valorous Unit Award
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)

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 any additional awards 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)                                         AR20130020045



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ABCMR Record of Proceedings (cont)                                         AR20130020045



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