IN THE CASE OF:	  

		BOARD DATE:	        17 September 2008

		DOCKET NUMBER:  AR20080008877 


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 his final DD Form 214 (Report of Transfer or Discharge) be corrected to show all of his awards and decorations, to include the Bronze Star Medal with “V” Device.

2.  The applicant states he served in Vietnam and Germany as a Combat Engineer.  He is now 59 years old and in poor health.  He wants his records corrected to reflect all of his awards as a legacy for his family.  He believes he may be entitled to a Bronze Star Medal with “V” Device.

3.  The applicant provides copies of three DD Forms 214.

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 12 December 1967, the applicant was inducted on a 2 year obligated active duty tour.  He completed basic training, advanced individual training and was awarded military occupational specialty (MOS) 12B (Combat Engineer).  He also completed basic airborne training.

3.  On 18 January 1969, he was awarded the Army Commendation Medal.

4.  He was honorably discharged with an immediate reenlistment on 20 April 1969.  The DD Form 214 issued at this time shows he was awarded the Army Commendation Medal, the National Defense Service Medal, and the Vietnam Service Medal.  

5.  He served in Vietnam with Company C, 326th Engineer Battalion, 101st Airborne Division from 20 May 1968 through 24 April 1969.

6.  A DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during four campaigns and he qualified as a sharpshooter with the M-16 rifle.  His awards are listed as the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with the 1960 Device.

7.  The applicant was again honorably discharged for immediate reenlistment on 30 January 1970.  The DD Form 214 issued at this time lists no awards or decorations.

8.  The applicant sustained a serious wound to his foot while on leave and was reassigned duties in MOS 81A (General Draftsman).

9.  The applicant received a general discharge on 8 June 1972.  The DD Form 214 issued at this time lists no awards.  

10.  A second DA Form 20 covering his entire period of service lists his awards as the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with "1960" Device.  It shows he served in Vietnam during 4 campaign periods but does not list his weapons qualification.

11.  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 while the applicant was assigned to the 326th Engineer Battalion, 101st Infantry Division, it was cited 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.  
12.  Army Regulation 600-8-22 (Military Awards), sets forth the basic authority, policy, criteria and administrative instructions concerning individual military awards and decorations.  In pertinent part it provides that:

	a.  the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years; 

	b.  basic marksmanship qualification badges are awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman; 

	c.  the Republic of Vietnam Campaign Medal with the attached "1960 Device” 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; and

   d.  a bronze service star is authorized based on qualifying service for each designated campaign listed in Appendix B of the regulation.  It also provides that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following four campaign periods:  the Counteroffensive Phase IV, 2 April 1968 – 30 June 1968; the Counteroffensive Phase V, 1 July 1968 – 1 November 1968; the Counteroffensive Phase VI, 2 November 1968 – 22 February 1969; and the Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969. 

13.  Army Regulation 635-5 (Separation Documents), as then in effect, states that all awards and decorations for all periods of service are to be listed on the DD From 214 in order of precedence specified in AR 600-8-22.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record does not contain and he has not provided any information related to any incident for which the applicant was recommended for award of the Bronze Star Medal. 

2.  Only the applicant's award of the Army Commendation Medal, the National Defense Service Medal, and the Vietnam Service Medal are listed on his first DD Form 214 and no awards are listed on his subsequent DD Forms 214.

3.  The applicant served during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.

4.  In addition to the awards listed above the applicant is also authorized award of the Republic of Vietnam Campaign Medal with "1960 Device,” the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  It is appropriate to correct the applicant's last DD Form 214 to show all of the awards and decorations he is authorized.  Therefore, his DD Form 214, issued on 8 June 1972 should be corrected to show award of the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with the “1960 Device," the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 his DD Form 214, dated 8 June 1972 shows he was awarded the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with "1960 Device," the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 award of the Bronze Star Medal with “V” Device.




      _______ _   _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)                                         AR20080008877



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ABCMR Record of Proceedings (cont)                                         AR20080008877



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