RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
		  

	BOARD DATE:	  16 August 2005
	DOCKET NUMBER:  AR20050000925 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Melvin H. Meyer	

Chairperson

Mr. John T. Meixell	 

Member

Mr. James B. Gunlicks

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show awards of the Bronze Star Medal with "V" Device with (1st Oak Leaf Cluster) and the Air Medal. 

2.  The applicant states, in effect, that he was informed that the medals needed to be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

3.   The applicant provides copies of a DD Form 214 with the ending period 3 September 1968; a Bronze Star Medal with "V" Device Award Certificate, dated 17 September 1968; a Bronze Star Medal (1st Oak Leaf Cluster) Award Certificate, dated 25 September 1968; and an Air Medal Award Certificate, dated 17 December 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 3 September 1968.  The application submitted in this case is dated 21 December 2004.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted on 27 October 1966 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 91B (Medical Specialist).

4.  The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Company, 4th Battalion, 47th Infantry on or about 18 January 1968.  He was reassigned to Headquarters and Headquarters Company, 2nd Battalion, 60th Infantry on or about 9 February 1968.  He departed Vietnam on or 

about 2 September 1968 after being credited with participating in four 
campaigns.  He was honorably released from active duty on 3 September 1968.

5.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Army Good Conduct Medal, and the Combat Medical Badge.

6.  Headquarters, 9th Infantry Division General Orders Number 8670, dated 17 September 1968 show that the applicant was awarded the Bronze Star Medal with "V" Device for heroism.

7.  Headquarters, 9th Infantry Division General Orders Number 9247, dated 25 September 1968 show that the applicant was awarded the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service.

8.  Headquarters, 9th Infantry Division General Orders Number 11350, dated 17 December 1968 show that the applicant was awarded the Air Medal for meritorious achievement while participating in sustained aerial flight.

9.  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, at the time of the applicant’s assignment to the 2nd Battalion, 60th Infantry, it was cited for award of the Presidential Unit Citation for the period 2 March 1968 through 22 June 1968 based on Headquarters, Department of the Army General Orders Number 60, dated 1969.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2nd Battalion, 60th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with/Palm Unit Citation for the period 1 December 1966 through 30 June 1968 based on Headquarters, Department of the Army General Orders Number 31, dated 1969.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2nd Battalion, 60th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 based on Headquarters, Department of the Army General Orders Number 59, dated 1969.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign 

listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) and the Air Medal.  These awards should be added to his DD Form 214.

2.  The applicant was assigned to a unit during a period of time the unit was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be worn on his Vietnam Service Medal.  These awards should be added to his DD Form 214.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 September 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on     2 September 1971.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__MHM__  _ JTM___  __JBG __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  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 awards of the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), the Air Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit 

Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be worn on his Vietnam Service Medal.




__ Mr. Melvin H. Meyer _
          CHAIRPERSON


INDEX

CASE ID
AR20050000925
SUFFIX

RECON

DATE BOARDED
16 August 2005
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY
Mr. Schneider
ISSUES         1.

2.

3.

4.

5.

6.