IN THE CASE OF:  	  

		BOARD DATE:  22 October 2014	  

		DOCKET NUMBER:  AR20140002247 


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 add the following awards:

* Two bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Air Medal with Numeral "2"
* Bronze Star Medal

2.  The applicant states he believes that the United States Army Personnel Center failed to ensure the awards were entered on his DD Form 214 due to the information not possibly being available when he was separated from active duty.

3.  The applicant provides:

* DD Form 214
* Air Medal Certificate dated 30 June 1970
* Bronze Star Medal Certificate dated 22 June 1970
* Vietnam Service Medal – Overview

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 on 12 July 1968.  He completed training as a propeller rotor mechanic.  He arrived in Vietnam on 27 June 1969 and he was assigned to Company B, 7th Support Battalion, 199th Infantry Brigade.

3.  He participated in the following three campaigns:

* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969
* Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970

4.  On 1 November 1969, Special Orders Number 305 were published awarding the applicant the Aircraft Crewman Badge.

5.  The applicant departed Vietnam en-route to the United States on 23 June 1970.  He was honorably released from active duty on 25 June 1970 as an overseas returnee.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal
* Army Commendation Medal
* Good Conduct Medal

6.  On 26 June 1970, General Orders Number 2059 were published awarding him the Air Medal (Second Award) for the period 17 February 1970 to 25 February 1970.

7.  A review of the applicant's Official Military Personnel File failed to show that the applicant was ever awarded the Bronze Star Medal.
8.  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 orders awarding the applicant the Bronze Star Medal.

9.  The applicant provides a Bronze Star Medal Certificate which pertains to another individual who shares the same name as he does.  However, a different social security number than his is shown on that certificate.

10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

11.  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 unit to which the applicant was assigned was cited for award of the:

	a.  Meritorious Unit Commendation Medal for the period 1 January 1969 to 30 June 1970 by Department of the Army General Order (DAGO) Number 50, dated 1971.

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by DAGO Number 51, dated 1971.

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.
2.  There are no available general orders showing the applicant was awarded the Bronze Star Medal.  The certificate provided by the applicant is not sufficient evidence upon which to base a correction of his records.  Furthermore, the certificate shows a different social security number than what is recorded in his service records.

3.  The applicant is authorized the following awards that should be added on his DD Form 214:

* Air Medal (Second Award)
* Aircraft Crewman Badge
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Three bronze service stars to be affixed to his already-awarded Vietnam Service 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 to add the following awards:

* Air Medal (Second Award)
* Aircraft Crewman Badge
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Three bronze service stars to be affixed 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 amending his DD Form 214 to add 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)                                         AR20140002247



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ABCMR Record of Proceedings (cont)                                         AR20140002247



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