RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 March 2008
	DOCKET NUMBER:  AR20070018388 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Ms. Yolando Maldonado

Member

Mr. Edward E. Montgomery

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, in effect, that his records be reviewed to see if an application recommending him for award of the Medal of Honor was submitted and approved.

2.  The applicant states that on or about January 1968, he was told by his commanding officer that because of his actions on 19 December 1967, he would be put in for the Medal of Honor.  He states that he received a call from the Governor of South Carolina telling him of the application for award of the Medal of Honor.  He states that if the application was approved, he would like to have a copy.

3.  The applicant provides in support of his application, a copy of a Consent for Release of Personal Records by Executive Agencies; a copy of his Report of Transfer or Discharge (DD Form 214); and a copy of a letter, addressed to him, from the State of South Carolina, Office of The Governor, dated 14 March 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.  The applicant requested a review of his records to determine if an application recommending him for award of the Medal of Honor was submitted and approved.  There are no orders or other evidence in his records authorizing award of this decoration to the applicant.  In the absence of proper award authority for this decoration, the applicant may request award of the Medal of Honor 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, it will not be discussed further in this Record of Proceedings.

3.  On 21 February 1967, the applicant was inducted into the Army in Bennettsville, South Carolina.  

4.  On 11 April 1967, Special Orders Number 101 was published by United States Army Training Center, Infantry, Fort Bragg, NC awarding the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  He went on to successfully complete his training as an indirect fire crewman.  He was transferred to Vietnam on 30 June 1967.

5.  General Orders Number 1529 was published by Headquarters, 9th Infantry Division (HQ, 9th Inf Div) on 20 March 1968, awarding the applicant the Bronze Star Medal w/"V" Device for heroism in connection with military actions involving conflict with an armed hostile force in the Republic of Vietnam on 23 January 1968.

6.  On 16 May 1968, General Orders Number 3487 was published by HQ, 9th Inf Div awarding the applicant a second Bronze Star Medal w/"V" Device for heroism in connection with military actions involving conflict with an armed hostile force in the Republic of Vietnam on 19 December 1967.

7.  The applicant returned to the Continental United States on 28 July 1968 and he was assigned to Headquarters and Headquarters Company, United States Army Training Center, Infantry, Fort Bragg, North Carolina.

8.  On 29 January 1969, General Orders Number 8 was published awarding the applicant the Good Conduct Medal for exemplary behavior, efficiency, and fidelity for the period 21 February 1967 to 20 February 1969.

9.  The applicant's Enlisted Qualification Record (DA Form 20) shows that while he was in the Army, he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Purple Heart, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Army Commendation Medal, the Bronze Star Medal with "V" Device, one Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  However, his second award of the Bronze Star Medal with "V" Device and the Army Good Conduct Medal were erroneously omitted from his DA Form 20.

10.  On 20 February 1969, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service and he was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to 
complete his Reserve obligation.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Purple Heart, the Army Commendation Medal, the Combat Infantryman Badge, the Bronze Star Medal with "V" Device, and the Republic of Vietnam Campaign Medal with Device (1960).  However, his DD Form 214 does not show that he was awarded a second Bronze Star Medal with "V" Device, one Overseas Service Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Good Conduct Medal.

11.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal or the Air Medal or the Bronze Star Medal may be made for heroism to the same person, the regulation provides that only one “V” device may be worn on awards of the Army Commendation Medal, or the Air Medal or the Bronze Star Medal for heroism.  The first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal. 

12.  Army Regulation 600-8-22 states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase III campaign, which extended from 1 June 1967 through 29 January 1968; the Tet Counteroffensive campaign, which extended from 30 January 1968 through 1 April 1968; the Vietnam Counteroffensive campaign, Phase IV, which extended from 2 April 1968 through 30 June 1968; and the Vietnam Counteroffensive campaign, Phase V, which extended from 1 July 1968 through 1 November 1968.  This same regulation states that a Bronze Service Star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  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 the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order (DAGO) Number 31, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 59, dated 1969.
15.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The Bronze Star Medal (First Oak Leaf Cluster) with "V" Device, the Good Conduct Medal, and the Marksman Marksmanship Qualification Badge with Rifle 
Bar (M-14) were erroneously omitted from the applicant's DD Form 214.  Orders were published while he was in the Army awarding him these awards; therefore, they should be included on his DD Form 214 at this time.

2.  The applicant's record also shows that the unit to which he was assigned was cited in orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to these awards and they should be included on his DD Form 214. 

3.  Additionally, in accordance with the applicable regulations, the applicant is also entitled to four Bronze Service Stars for inclusion on his Vietnam Service Medal to reflect his campaign participation while he was serving in Vietnam, and two Overseas Service Bars to reflect his overseas service from 1 August 1967 through 28 July 1968.  Therefore, these awards should also be included on his DD Form 214.

4.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's record as recommended below.





BOARD VOTE:

__YM___  __SLP___  __EEM__  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.  amending his DD Form 214 to show that he was awarded the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device, the Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, four Bronze Service Stars for wear on his already-awarded Vietnam Service Medal, and two Overseas Service Bars;

b.  furnishing him the appropriate awards; and

c.  providing him a corrected separation document as a result of these changes.




_____Shirley L. Powell____
          CHAIRPERSON





INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.