BOARD DATE: 15 November 2016 DOCKET NUMBER: AR20150012951 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ ____x__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 November 2016 DOCKET NUMBER: AR20150012951 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 amending his DD Form 214 with an effective date of 3 July 1969 by adding the: * Distinguished Flying Cross * 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 the Bronze Star Medal for meritorious service. __________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. BOARD DATE: 15 November 2016 DOCKET NUMBER: AR20150012951 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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 3 July 1969: * Distinguished Flying Cross * Bronze Star Medal for meritorious service 2. The applicant states the above awards were mailed to him after he got home from Vietnam. 3. The applicant provides: * Headquarters (HQ), 101st Airborne Division, General Orders Number 3129, dated 7 April 1969 * certificate and citation for award of the Distinguished Flying Cross * certificate and citation for award of the Bronze Star Medal for meritorious service * DD Form 214 with an effective date of 3 July 1969 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. In the processing of this case the ABCMR was unable to obtain the applicant's military personnel service records from the National Personnel Records Center in St. Louis, MO. The only records available to the ABCMR were provided by the applicant. 3. On 28 November 1966, the applicant enlisted in the Regular Army for 3 years. He completed basic combat and advanced individual training and was awarded military occupation specialty 91B (Medical Corpsman). 4. The exact dates and the unit(s) to which the applicant was assigned in the Republic of Vietnam are not available. 5. The certificate awarding the Bronze Star Medal states he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period 1 April - 30 November 1968. 6. The citation for award of the Bronze Star Medal states he was awarded the Bronze Star Medal for distinguishing himself by outstanding meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period 1 April - 30 November 1968. There is no order number shown in the available records. 7. HQ, 101st Airborne Division, General Orders Number 3129, dated 7 April 1969, awarded the applicant the Distinguished Flying Cross for meritorious achievement while participating in aerial flight evidenced by voluntary action above and beyond the call of duty on 14 October 1968 in the Republic of Vietnam. These orders show he was assigned to Company L (Ranger), 75th Infantry. 8. On 3 July 1969, the applicant was released from active duty. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Medical Badge * Army Commendation Medal * Vietnam Service Medal * Parachutist Badge * Bronze Star Medal with "V" Device 9. A review by the U.S. Army Human Resources Command (HRC) 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 HRC, failed to reveal any orders awarding him the Bronze Star Medal for meritorious service. REFERENCES: 1. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. DISCUSSION: 1. HQ, 101st Airborne Division, General Orders Number 3129, dated 7 April 1969, awarded the applicant the Distinguished Flying Cross. 2. There are no orders available awarding the applicant the Bronze Star Medal for meritorious service. A review of ADCARS did not produce any orders awarding him the Bronze Star Medal for meritorious service. The available records do not confirm that this award was announced in orders as required by the governing regulation. 3. There is sufficient evidence to show he was assigned to a unit in the Republic of Vietnam. He is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012951 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012951 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2