IN THE CASE OF:	  

	BOARD DATE:	  26 August 2008

	DOCKET NUMBER:  AR20080002494 


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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Bronze Star Medal with "V" Device and four bronze service stars on his Vietnam Service Medal.

2.  The applicant states, in effect, that he recently received his medals and a letter from the National Personnel Records Center (NPRC) showing his awards, which included a "V" Device on his Bronze Star Medal and four bronze service stars on his Vietnam Service Medal.

3.  The applicant provides copies of his DD Form 214, letter from the NPRC, and the citation for his Bronze Star Medal.

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.  On 28 October 1963, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).            

3.  On 21 January 1964, the applicant was assigned for duty as an automatic rifleman with the 2nd Battalion, 28th Infantry Regiment, at Fort Riley, Kansas.  On 15 July 1965, he deployed with his unit to the Republic of Vietnam.

4.  General Orders Number 1236, 1st Infantry Division, dated 15 July 1966, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force during the period from 20 November 1965 to 5 March 1966.  On 20 November 1965, when returning from Operation Bushmaster, the applicant’s convoy was attacked by a Viet Cong force of an undetermined size.  He aggressively organized and deployed his men against the insurgents, inflicting heavy casualties on the enemy.  Despite the wounds he received while deploying his troops, he remained in complete control of his fire team, directing their efforts until the battle had been successfully terminated.  On 16 January 1966, during Operation Crimp, another battalion convoy was attacked by Viet Cong forces.  The applicant again deployed his fire team in a highly professional manner.  Refusing to let the Viet Cong pin down his men, the applicant engaged the insurgents and led his fire team through the action without sustaining a single casualty.  On 5 March 1966, the applicant’s battalion was engaged in Operation Cocoa Beach when an estimated Viet Cong regiment attacked its defensive perimeter.  Throughout the 7-hour battle, the applicant maintained his line against wave after wave of insurgent troops.  Constantly exposed to deadly fire he moved from position to position, assuring that his men never faltered in the face of the overwhelmingly superior numbers of the Viet Cong. 

5.  On 19 September 1966, the applicant returned to the United States.

6.  On 21 September 1966, the applicant was released early from active duty as an overseas returnee, and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade 
E-4 and had completed 2 years, 10 months and 24 days of creditable active duty.



7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Purple Heart, Bronze Star Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with rifle Bar.  It does not show a "V" Device on his Bronze Star Medal or four bronze service stars on his Vietnam Service Medal.

8.  General Orders Number 2580, 1st Infantry Division, dated 11 October 1966, awarded the applicant the Good Conduct Medal for the period from 
28 October 1963 to 27 October 1966. 

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 three campaign periods: the Vietnam Defense; the Vietnam Counteroffensive; and the Vietnam Counteroffensive, Phase II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

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, 28th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 20, dated 1967, for award of the Valorous Unit Award; in DAGO Number 21, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 53, dated 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with "1960" Device.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  General orders clearly show the applicant was awarded a Bronze Star Medal with "V" Device.  Therefore, his records should be corrected to add the "V" Device on his Bronze Star Medal.

2.  Not withstanding the NPRC letter that indicated the applicant was authorized to wear four service stars on his Vietnam Service Medal; he actually participated in only three campaigns.  Therefore, his DD Form 214 should be corrected to show three service stars on his Vietnam Service Medal.  

3.  General orders show the period for the award of the applicant’s Good Conduct Medal as ending on 27 October 1966.  Even though the applicant was released early from active duty on 21 September 1966 as an overseas returnee, it does not invalidate the award.  Therefore, the Good Conduct Medal should be shown on his DD Form 214. 

4.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

5.  The applicant’s unit was cited in general 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, his records should be corrected to show these foreign unit awards.

6.  The Republic of Vietnam Campaign Medal was awarded with a 
"1960" Device.  Therefore, his DD Form 214 should be corrected to add this device. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 showing, in addition to the awards already shown on his DD Form 214, a "V" Device to be affixed to his already awarded Bronze Star Medal, Good Conduct Medal, three bronze service stars to be affixed to his already awarded Vietnam Service Medal, a "1960-" Device to be affixed to his already awarded Republic of Vietnam Campaign Medal, 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.

2.  The Board further determined that 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 a fourth service star on his Vietnam Service Medal.




__________ _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.

ABCMR Record of Proceedings (cont)                                         AR20070016793



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080002494



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1