RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	   27 March 2007
	DOCKET NUMBER:  AR20060012734 


	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.




	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, in effect, that his military records be corrected to show the award of the Bronze Star Medal with “V” (for Valor) Device, and any unit citations that he is eligible for. 

2.  The applicant essentially states that he was told by his unit that he was recommended for the Bronze Star Medal with “V” Device for his actions in 1970. 

3.  The applicant provides no additional evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
4 November 1978, the date of his discharge from the United States Army Reserve (USAR).  The application submitted in this case is dated 28 August 2006.

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 requested correction of his records to show award of the Bronze Star Medal with “V” Device.  There are no orders or other evidence authorizing award of this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Bronze Star Medal with “V” Device under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, the Bronze Star Medal with “V” Device will not be discussed further in this Record of Proceedings.

4.  The applicant’s military records show that he enlisted in the Regular Army on 
12 June 1968.  He completed basic and advanced individual training and was awarded military occupational specialty 71H (Personnel Management Specialist). After a short assignment at Fort Carson, Colorado and attendance at a service school at Fort Benjamin Harrison, Indiana, he departed for the Republic of Vietnam on 10 September 1969.  He initially served with Headquarters and Headquarters Company (HHC), 14th Engineer Battalion from 19 September 1969 to 7 October 1969, then on 8 October 1969, he was reassigned to the 630th Engineer Company for the remainder of his tour in Vietnam.  He returned to the continental United States on 9 September 1970, and served with Headquarters and Headquarters Battery, 52nd Artillery Brigade, Highlands Army Air Defense Site, Highlands, New Jersey until he was honorably released from active duty on 29 June 1971 and transferred to the USAR.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued to him at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  On 4 November 1978, the applicant was discharged from the USAR.

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  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 14th Engineer Battalion, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 8, dated 1974.

7.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but does not show that he was awarded any bronze service stars to signify campaign participation credit.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his assignment in Vietnam, the applicant was credited with participating in the Vietnam Summer-Fall 1969 campaign, the Vietnam Winter-Spring 1970 campaign, the DA Sanctuary Counteroffensive campaign, and the Vietnam Counteroffensive Phase VII campaign.

8.  The applicant’s DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  However, he was awarded this badge by Headquarters, United States Army Training Center (Infantry) and Fort Dix, Fort Dix, New Jersey Special Orders Number 254, dated 10 September 1968.
9.  The applicant’s DD Form 214 also does not show that he was awarded the First Class Grenadier Marksmanship Qualification Badge.  However, he was awarded this badge by Headquarters, United States Army Training Center (Infantry) and Fort Dix, Fort Dix, New Jersey Special Orders Number 253, dated 9 September 1968.  The First Class Grenadier Marksmanship Qualification Badge was subsequently renamed the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his military records be corrected to show any unit citations that he is eligible for. 

2.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 14th Engineer Battalion while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show this unit award.

3.  The applicant participated in four campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar and the First Class Grenadier Marksmanship Qualification Badge, which has since been renamed the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is entitled to correction of his military records to show the award of the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 November 1978; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
3 November 1981.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the relief being granted in this case.  





BOARD VOTE:

___KW __  __CD___  __EF  ___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

b.  showing four bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and

c.  showing the award of the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.




_____Kenneth Wright_______
          CHAIRPERSON




INDEX

CASE ID
AR20060012734
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070327
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0014.0000 (Sec1130Ltr)
2.
107.0094.0000
3.
107.0073.0000 (add bronze service stars)
4.
107.0108.0000
5.
107.0109.0000
6.
110.0400.0000