IN THE CASE OF:	  

		BOARD DATE:	        31 July 2008

		DOCKET NUMBER:  AR20080006783 


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 records as follows:

	a.  award of the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Medal-First Class Unit Citation.

	b.  correction of the "Vietnam Campaign Medal" to show "the Republic of Vietnam Campaign Medal with 1960 Device."

	c.  deleting duplicate entries of "the Air Medal" and "the Air Medal; with Oak Leaf Cluster" and entering only one entry to show both awards.

	d.  award of the Bronze Star Medal (1st Oak Leaf Cluster).

2.  The applicant states that:

	a.  he is entitled to award of the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Medal-First Class Unit Citation; however, they are not shown on his records.

	b.  the Republic of Vietnam Campaign Medal does not show his 1960 Device.

	c.  he was awarded two awards of the Air Medal; however, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), shows duplicate entries for this award.

	d.  he was awarded two awards of the Bronze Star Medal, one for valor and one for service; however, his service Bronze Star Medal was revoked while he was hospitalized and recovering from his combat related wounds.  His service record has no derogatory information and there was no reason to revoke his second order that awarded him the Bronze Star Medal. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 28 December 1970.

	b.  DA Form 20 (Enlisted Qualification Record), dated 21 March 1969.

	c.  General Orders Number 6739, dated 14 June 1970, awarding him the Bronze Star Medal (1st Oak Leaf Cluster), and General Orders Number 7464, dated 5 July 1970, revoking this award.

	d.  General Orders Number 252, dated 9 January 1970, awarding him the Bronze Star Medal with "V" Device.

	e.  General Orders Number 8285, 133, and 1992, dated on 22 July 1970, 6 June 1970, and 22 February 1970, respectively, awarding the applicant three awards of the Purple Heart.

	f.  General Orders Number 9497, dated 11 September 1970, awarding him the Air Medal (2nd Award).

	g.  General Orders Number 1992, dated 22 February 1970, awarding him the Air Medal.

	h.  General Orders Number 2228, dated 25 February 1970, awarding him the Army Commendation Medal.

	i.  Special Orders Number 288, dated 15 October 1969, awarding him the Combat Infantryman Badge.

	j.  List of Named Campaigns, Republic of Vietnam.

	k.  Internet Article, dated 1 March 2008, history of the 2nd Battalion, 14th Infantry Regiment.

	l.  Internet article, dated 18 February 2008, description of and criteria for award of the Republic of Vietnam Campaign Medal.

	m.  Extract of Army Regulation 600-8-22 (Military Awards), dated 11 December 2006.

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's records show he was inducted into the Army of the United States on 17 March 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.  He was permanently retired by reason of physical disability on 28 December 1970. 

3.  The applicant’s records show he served in the Republic of Vietnam during the period 11 August 1969 to 10 July 1970.  He was assigned to Company B, 2nd Battalion, 14th Infantry Regiment. 

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Bronze Star Medal with "V" Device, the Purple Heart (2nd Oak Leaf Cluster), the Army Commendation Medal, the Air Medal, the Air Medal (1st Oak Leaf Cluster), the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  

5.  The applicant was awarded several awards and decorations during his military service as follows: 

	a.  Headquarters, 25th Infantry Division (Light), General Orders Number 252, dated 9 January 1970, show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations in the Republic of Vietnam on 10 December 1969.  

	b.  Headquarters, 25th Infantry Division (Light), General Orders Number 6739, dated 14 June 1970, show the applicant was awarded the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service in connection with military operations in the Republic of Vietnam from August 1969 to June 1970.

	c.  Headquarters, 25th Infantry Division (Light), General Orders Number 7066, dated 22 June 1970, show the applicant was awarded the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service in connection with military operations in the Republic of Vietnam from August 1969 to August 1970.

	d.  Headquarters, 25th Infantry Division (Light), General Orders Number 7464, dated 5 July 1970, revoked General Orders Number 7066, dated 22 June 1970, issued by Headquarters, 25th Infantry Division (Light) which awarded the applicant the Bronze Star Medal (1st Oak Leaf Cluster).

	e.  Headquarters, 25th Infantry Division (Light), General Orders Number 1992, dated 22 February 1970, show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 23 December 1969 to 5 February 1970.

	f.  Headquarters, 25th Infantry Division (Light), General Orders Number 9497, dated 11 September 1970, show the applicant was awarded the Air Medal (2nd Award) for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 6 February 1970 to 8 May 1970.

	g.  Headquarters, 25th Infantry Division (Light), General Orders Number 2228, dated 25 February 1970, show the applicant was awarded the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam from 1 December 1969 to 31 January 1970.




6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974 and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation (20 April 1966 to 21 July 1970), based on Department of the Army General Orders Number 51, dated 1971.

7.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Summer-Fall 1969, the Vietnam Winter Spring, the DA Sanctuary, and the Vietnam Counteroffensive, Phase VII, campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  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.  The Republic of Vietnam Campaign Medal with Device (1960) and the miniature medal are items of individual purchase.  The Ribbon with 60-Device is requisitioned only for initial issue to eligible individuals.

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

11.  Headquarters, 25th Infantry Division (Light), General Orders Number 6378, dated 5 June 1970, show the applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations in the Republic of Vietnam on 5 June 1970.  






DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant two awards of the Bronze Star Medal for valor and meritorious service, one of which is not shown on his records; therefore, he is entitled to correction of his records to show two awards of the Bronze Star Medal.

2.  General Orders awarded the applicant two awards of the Army Commendation Medal for valor and meritorious achievement, one of which is not shown on his records; therefore, he is entitled to correction of his records to show two awards of the Army Commendation Medal.

3.  General Orders awarded the applicant two awards of the Air Medal.  These awards are incorrectly shown in Item 24 of his DD Form 214; therefore, he is entitled to correction of his records to accurately reflect those awards.

4.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, which are not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

6.  The evidence of record shows that the applicant served a qualifying period for award of the Republic of Vietnam Campaign Medal with 1960 Device and that this award is incorrectly shown in Item 24 of his DD Form 214; therefore, he is entitled to correction of his records to accurately reflect this award.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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.  deleting the entry "Bronze Star Medal with "V" Device" from Item 24 of his DD Form 214 and replacing it with the entry "Bronze Star Medal (1st Oak Leaf Cluster) and "V" Device." 

	b.  deleting the entry "Army Commendation Medal" and replacing it with the entry "Army Commendation Medal (1st Oak Leaf Cluster) and "V" Device."

	c.  deleting the entries "Air Medal" and "Air Medal with Oak Leaf Cluster" and replacing them with one entry "Air Medal (2nd Award)."

	d.  deleting the entry "Vietnam Campaign Medal" and replacing it with the entry "Republic of Vietnam Campaign Medal with 1960 Device."

	e.  showing award of 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 affixed to his already-awarded Vietnam Service Medal, in Item 24 of the applicant's DD Form 214, dated 28 December 1970.




															XXX
      _______ _   _______   ___
               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)                                         AR20080006783



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ABCMR Record of Proceedings (cont)                                         AR20080006783



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