IN THE CASE OF: 

		BOARD DATE: 25 August 2015

		DOCKET NUMBER:  AR20150000798


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 the following awards:

* Bronze Star Medal
* Army Good Conduct Medal
* Vietnam Service Medal with bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Armed Forces Expeditionary Medal
* Presidential Unit Citation

2.  The applicant states the Bronze Star Medal was awarded to him after he had left Vietnam and is not listed on his DD Form 214.  He received it in the mail after he got home.  The other medals were lost when he moved to California.  He needs a corrected DD Form 214 in order to obtain replacement medals.  He has a new grandson who is named after him and he would like to have the awards framed along with a history of the Airmobile Division in hopes it will help him in life.

3.  The applicant provides copies of a 1st Cavalry Division letter, dated 4 June 1996, with a Bronze Star Medal Certificate. 



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 22 April 1964.  He held military occupational specialty 71B (Clerk Typist).

3.  His DA Form 20 shows he was assigned to the 15th Administration Company, 1st Cavalry Division in Vietnam from 16 September 1965 through 15 April 1966.  He participated in two campaigns.

4.  He was honorably released from active duty on 16 April 1966 in the rank of specialist four/E-4.  He had completed 1 year, 11 months, and 25 days of active service.

5.  His DD Form 214 shows his awards as the Army Good Conduct Medal
(1st Award), Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  In support of his request, he provided a letter, dated 4 June 1966, from the 
1st Cavalry Division forwarding him a Bronze Star Medal, certificate, citation, and orders that were awarded to him on 5 May 1966 for meritorious achievement in ground operations against hostile forces from 19 September 1965 to 9 April 1966.

7.  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 any orders pertaining to the applicant. 




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

	a.  States 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.  Contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign the individual participated in. 

	c.  States the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

	d.  States individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

9.  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 Presidential Unit Citation for the period 23 October 1965-
26 November 1965 by Department of the Army General Order (DAGO) Number 40, dated 1967, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965-19 May 1969 by DAGO Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the absence of Bronze Star Medal orders, the 4 June 1966 
1st Cavalry Division letter and the Bronze Star Medal Certificate are accepted as proof he was awarded the medal.

2.  He also participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  During the applicant's service in Vietnam his unit was cited for award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  He served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).

5.  His DD Form 214 should be corrected to show these awards.

6.  His DD Form 214 already shows he was awarded the Army Good Conduct Medal (1st Award), Vietnam Service Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.  

7.  The applicant requested correction of his DD Form 214 to show he was awarded the Armed Forces Expeditionary Medal for his service in Vietnam.  He has been awarded the Vietnam Service Medal and the governing regulation does not allow for an individual to receive both awards for Vietnam service. 

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 adding the following awards to his DD Form 214:

* Bronze Star Medal
* two bronze service stars for wear on his already-awarded Vietnam Service Medal
* Presidential Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* 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 correcting his DD Form 214 to show he 
was awarded the Armed Forces Expeditionary 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20150000798



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