RECORD OF PROCEEDINGS


	IN THE CASE OF:	 


	BOARD DATE:	  10 May 2007
	DOCKET NUMBER:  AR20060015979


	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. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Patrick H. McGann, Jr.

Member

Ms. Karmin S. Jenkins

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 Armed Forces of the United States Report of Release or Discharge (DD Form 214) to show that he was awarded the Bronze Star Medal for heroism.

2.  The applicant states, in effect, that he was awarded the Bronze Star Medal for heroism while in the Republic of Vietnam.

3.  The applicant provides a copy of his certificate awarding him the Bronze Star Medal for heroism on 26 March 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 15 December 1969, the date of his release from active duty.  The application submitted in this case is dated 1 November 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.  On 3 January 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B1O (Light Weapons Infantryman).

4.  On 10 June 1968, the applicant was assigned for duty as a rifleman with the 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division, in the Republic of Vietnam.

5.  On 31 May 1969, the applicant was returned to the United States for duty at Fort Jackson, South Carolina.

6.  On 12 June 1969, the applicant was awarded the Bronze Star Medal with “V” Device for heroism on 26 March 1969, in the Republic of Vietnam.


7.  On 15 December 1969, the applicant was released from active duty.  He attained the rank of sergeant, pay grade E5 and had completed 1 year, 
11 months and 13 days of creditable active duty.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (as corrected by DD Form 215), lists his awards as the National Defense Service Medal, Purple Heart with Oak Leaf Cluster, Air Medal, Army Commendation Medal, Army Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal, Vietnam Campaign Medal with “1960” Device, Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun  Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Bronze Star Medal with “V” Device.

9.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase IV, the Vietnam Counteroffensive, Phase V, the Vietnam Counteroffensive, Phase VI, and the TET Counteroffensive, 1969.   This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 12th Cavalry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly and convincingly shows that the applicant was awarded the Bronze Star Medal with “V’ Device.  Therefore, his records should be corrected to show this award.

2.  General Orders show that the applicant's unit was awarded the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

3.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

4.  Records show that the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 December 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
14 December 1972.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__KLW__  __KSJ___  __PHM_  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 showing, in addition to the awards already shown on his DD Form 214, his authorized include the Bronze Star Medal with “V” Device, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be affixed to his Vietnam Service Medal.





__   Kenneth L. Wright____
          CHAIRPERSON


INDEX

CASE ID
AR20060015979
SUFFIX

RECON
 
DATE BOARDED
20070510 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0014.0000
2.

3.

4.

5.

6.