IN THE CASE OF:	  

		BOARD DATE:	        15 January 2009

		DOCKET NUMBER:  AR20080007631 


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, in effect, that he be provided a Bronze Star Medal affixed with the appropriate type and number of devices.

2.  The applicant states he believes he earned two bronze oak leaves for his Bronze Star Medal.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of a 19 November 2007 letter from the National Personnel Records Center showing he was provided with a "Bronze Star Medal with letter "V" Device."

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 served in the Regular Army from 30 June 1967 through 29 June 1970.  While in Vietnam, he was assigned to the 1st Battalion, 506th Infantry.  His DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) "Bronze Star Medal with V Device"  and in item 30 (Remarks) "Item 24:  Bronze Star with Meritorious Service" and "Bronze Star with V Device (2d Award)."

3.  The applicant’s service records contain the following orders awarding the Bronze Star Medal:

	a.  General Orders Number 133, Headquarters, 101st Airborne Division, Vietnam, dated 7 January 1969, for meritorious service from 1 April 1968 to 30 November 1968.

	b.  General Orders Number 1399, Headquarters, 101st Airborne Division, Vietnam, dated 9 February 1969, with "V" Device and First Oak Leaf Cluster for heroism on 8 January 1969.

	c.  General Orders Number 1503, Headquarters, 101st Airborne Division, Vietnam, dated 11 February 1969, with "V" Device for heroism on 29 June 1968.

4.  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 Valorous Unit Award for the period 13 June 1968 to 23 September 1968 by Department of the Army General Order Number 52, dated 1974, and Meritorious Unit Commendation for the period 14 March 1968 to 3 October 1968 by Department of the Army General Order Number 5, dated 1977, which amended Department of the Army General Order Number 22, dated 1976.  The unit was also cited for award of the Vietnam Gallantry Cross Unit Citation with Palm for the period 19 July 1968 to 14 May 1969 by Department of the Army General Order Number 43, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation for the period 3 October 1968 to 2 May 1970 by Department of the Army General Order Number 48, dated 1971.

5.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy ,and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  A bronze or silver twig of four oak leaves with three acorns on the stem, 13/32-inch long for the suspension ribbon, and 5/16-inch long for the service ribbon bar and the unit award emblem is issued to denote award of second and succeeding awards of decorations (other than the Air Medal), the Army Reserve Components Achievement Medal, and unit awards.  A silver oak leaf cluster is worn instead of five bronze oak leaf clusters.  If the number of authorized oak leaf clusters exceeds four, a second ribbon is authorized for wear.  When wearing the second ribbon, place it after the first ribbon; the second ribbon counts as one award.  Wear no more than four oak leaf clusters on each ribbon.  If the receipt of future awards reduces the number of oak leaf clusters sufficiently (that is, a silver oak leaf cluster for five awards), remove the second ribbon and place the appropriate number of devices on a single ribbon.  Oak leaf clusters are not issued for the Legion of Merit awarded in degrees to foreign nationals.  Five-sixteenths inch oak leaf clusters joined together in series of two, three, and four clusters are authorized for optional purchase and wear on service ribbons and unit award emblems.

	b.  The "V" device is a bronze block letter, V, 1/4-inch high with serifs at the top of the numbers.  It is worn to denote participation in acts of heroism involving conflict with an armed enemy.  It was originally worn only on the suspension and service ribbons of the Bronze Star Medal to denote an award made for heroism (valor).  Effective 29 February 1964, the "V" device was also authorized for wear on the Air Medal and Army Commendation Medal for heroic acts or valorous deeds not warranting awards of the Distinguished Flying Cross or the Bronze Star Medal with "V" device.  Effective 25 June 1963, the "V" device was authorized additionally for wear on the Joint Service Commendation Medal when the award is for acts of valor (heroism) during participation in combat operations. In the case of multiple "V" devices for the same award, only one "V" device is worn on the service ribbons.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded three Bronze Star Medals, two were awarded for heroism and one was awarded for meritorious service.  In accordance with Army Regulation 600-8-22, the applicant’s Bronze Star Medal should reflect one "V" device and two bronze oak leaf clusters.

2.  The unit to which the applicant was assigned was cited for award of the Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  The first two unit awards are U.S. awards and should be issued to him.  The last two are foreign unit awards and are not available for issue.
BOARD VOTE:

___X____  ___X____  ___X____  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 from his DD Form 214 all mention of the Bronze Star Medal in items 24 and 30;

	b.  adding to his DD Form 214 in item 24 the Bronze Star Medal with "V" Device and second bronze oak leaf cluster, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and

	c.  issuing to him the Bronze Star Medal with "V" Device and two bronze oak leaf clusters, the Valorous Unit Award, and the Meritorious Unit Commendation.


																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)                                         AR20080007631



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ABCMR Record of Proceedings (cont)                                         AR20080007631



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