IN THE CASE OF:	  

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130020836 


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 a second award of the Bronze Star Medal (BSM) and Air Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* he received two awards of the BSM during his Vietnam service
* the first award was pinned on his chest in June 1968
* the second award was for heroism on 4 February 1969
* the first award of the BSM was put on his DD Form 214, but the second award was not
* he received two awards of the Air Medal, one for actions on 4 August 1968 and one for actions on 20 February 1969
* there is only one award of the BSM and one award of the Air Medal on his DD Form 214  

3.  The applicant provides:

* orders and an award certificate for the BSM with "V" Device
* award certificate and citation for the Air Medal for actions on 4 August 1968
* award certificate and citation for the Air Medal for actions on 20 February 1969
* 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 military records covering his service from 10 May 1967 to 
9 May 1969 are not available for review.  However, this case is being considered using reconstructed records that primarily consist of the records provided by the applicant.

3.  His DD Form 214 shows:

* he was inducted into the Army of the United States on 10 May 1967
* he served as a light weapons infantryman while assigned to Company B, 2nd Battalion, 327th Infantry in Vietnam
* he served 11 months and 29 days in Vietnam
* his last duty assignment was Vietnam
* he was honorably released from active duty on 9 May 1969   

4.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Parachutist Badge
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* BSM
* Air Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 

5.  There are no orders for the BSM in the available records. 


6.  There are no orders for the Air Medal for actions on 4 August 1968 in the available records.  However, he provides an award certificate, dated 3 February 1969, and a citation which show he received the Air Medal for actions on 
4 August 1968 in Vietnam. 

7.  Orders, dated 27 March 1969, show he received the Air Medal for actions on 20 February 1969 in Vietnam.  He provides an award certificate and citation for this award.

8.  He provides orders, dated 24 May 1969, which show he received the BSM with "V" Device for heroism on 4 February 1969 in Vietnam.

9.  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 revealed orders for the BSM with "V" Device for heroism on 4 February 1969 and the Air Medal for actions on 20 February 1969. 

10.  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 the 2nd Battalion, 327th Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 19 July 1968 to 14 May 1969 in Department of the Army General Orders (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 18 March 1968 to 2 May 1970 in DAGO Number 48, dated 1971

11.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.   






DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he received two awards of the BSM, one award for valor.  His DD Form 214 shows one award of the BSM and he provides orders for the BSM with "V" Device.  Since there are no orders for the BSM in the available records, it cannot be determined if he received two awards of the BSM.  Nevertheless, his DD Form 214 should be corrected to show award of the BSM with "V" Device instead of the BSM. 

2.  He contends he received two awards of the Air Medal and he provides award certificates and citations for two awards of the Air Medal.  However, the available records only contain orders for one award of the Air Medal for actions on 
20 February 1969.  In the absence of orders for the Air Medal for actions on 
4 August 1968, the award certificate and citation provided by the applicant alone are not sufficient as a basis for adding a second award of the Air Medal to his 
DD Form 214.  

3.  Although his inclusive dates of service in Vietnam are not available, it appears he arrived in Vietnam in May 1968 and departed in May 1969 since his DD Form 214 shows his last duty station was Vietnam and he served 11 months and 
29 days there.  Therefore, based on his service in Vietnam and participation in four campaigns, he is entitled to the Vietnam Service Medal with four bronze service stars.
 
4.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in February 1969.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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:

	a.  deleting the entry "BRONZE STAR MEDAL" from his DD Form 214; and

	b.  adding the Bronze Star Medal with "V" Device, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

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 adding a second award of the BSM or Air Medal to his DD Form 214.  



      _______ _   __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)                                         AR20130020836



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ABCMR Record of Proceedings (cont)                                         AR20130020836



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