IN THE CASE OF:	  

		BOARD DATE:	        13 August 2008

		DOCKET NUMBER:  AR20080006863 


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 that he be awarded the Silver Star and the Bronze Star Medal with “V” device.  He also requests, in effect, that a unit citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he attended a unit reunion and was told that he earned these awards for his actions at Kontum and Chu Moor.

3.  The applicant provides four letters of support and a recommendation for award of the Silver Star.

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 requests award of the Silver Star and the Bronze Star Medal with “V” device.  However, there are no orders or other evidence on file in his Official Military Personnel File that confirms award of these personal decorations. In the absence of authority for these awards, he may request award of the Silver Star and the Bronze Star Medal with “V” device under the provisions of Section 1130 of Title 10 of the United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Section 1130 of Title 10 of the United States Code.  As a result, the request for award of these personal decorations will not be discussed further in this Record of Proceedings.

3.  The applicant was inducted into the Army on 6 June 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 91A (Medical Corpsman).

4.  The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Company, 1st Battalion, 22d Infantry, 4th Infantry Division, on 1 December 1967.

5.  The applicant was wounded in action on 28 April 1968 and was medically evacuated from Vietnam on or about 2 May 1968 after being credited with participation in three campaigns.

6.  The applicant was honorably released from active duty on 17 April 1969.  His DD Form 214 shows he was awarded the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device (1960), the Combat Medical Badge, and the Purple Heart.

7.  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 1st Battalion, 22d Infantry, it was cited for award of the Valorous Unit Award for the period 30 January through 12 February 1968 by Department of the Army General Order (DAGO) Number 43, dated 1960.

8.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 1st Battalion, 22d Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by DAGO Number 54, dated 1974.


9.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 22d Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970.

10.  Department of the Army Pamphlet 672-3 does not show that the 1st Battalion, 22d Infantry, was awarded the Presidential Unit Citation or the Meritorious Unit Commendation.

11.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal. 

DISCUSSION AND CONCLUSIONS:

1.  Department of the Army Pamphlet 672-3 shows that the 1st Battalion, 22d Infantry, was awarded 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 during a period of time the applicant was assigned to the unit.  Therefore, these three unit awards should be added to his DD Form 214.

2.  The applicant was credited with participation in three campaigns and is therefore eligible to wear three bronze service stars on his Vietnam Service Medal.  His DD Form 214 should be amended to reflect this fact.

BOARD VOTE:

____xx__  ____xx__  ____xx__  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 amending his DD Form 214 to add 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 and to show he is eligible to wear three bronze service stars on his already-awarded Vietnam Service Medal.




      _______ _ xxxx_____   ___
               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)                                         AR20080006863





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ABCMR Record of Proceedings (cont)                                         AR20080006863



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