IN THE CASE OF:
BOARD DATE: 19 August 2008
DOCKET NUMBER: AR20080009536
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal (BSM) with V Device and the Purple Heart.
2. The applicant states that these awards were not included on his DD Form 214.
3. The applicant provides a copy of his DD Form 214; a copy of the orders awarding him the Purple Heart; a copy of the orders awarding him the BSM with V Device; and copies of the award certificates.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 27 November 1968, the applicant was inducted into the Army of the United States. He was trained in, awarded, and served in military occupational specialty (MOS) 11F (Infantry Operations and Intelligence Specialist). He attained the grade of staff sergeant/E-6. On 4 November 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). On 1 November 1974, he was honorably discharged from the USAR upon completion of his statutory military obligation.
3. The applicant served in the Republic of Vietnam (RVN) from 12 December 1969 through 3 November 1970. He performed duties as an assistant squad leader and operations sergeant with Company E, 1st Battalion, 52nd Infantry, 198th Infantry Brigade.
4. General Orders Number 4040, Department of the Army (DA), Headquarters (HQ), Americal Division, dated 17 April 1970, awarded the applicant the BSM with V Device for heroism in connection with ground operations against a hostile force in the RVN on 26 March 1970. His DD Form 214 shows only award of the BSM.
5. General Orders Number 3083, DA, HQ, Americal Division, dated 27 March 1970, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 26 March 1970. This award is not shown on his DD Form 214.
6. Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
7. 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 42, dated 1972.
8. The applicant's records show he was awarded the Vietnam Service Medal. However, his DD Form 214 does not show any bronze service stars indicating campaign credit. His records indicate he participated in 2 campaigns: the Vietnam Winter-Fall 1970 and the Vietnam Counteroffensive Phase VII campaigns.
9. Appendix B of Army Regulation 600-8-22 lists all approved Army campaigns, including campaigns of the Vietnam War. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. General Orders awarded the applicant the BSM with V Device. Therefore, he is entitled to have his record correctly reflect this award.
2. General Orders awarded the applicant the Purple Heart. Therefore, he is entitled to have his record corrected to show this award.
3. General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.
4. Evidence of record shows that the applicant participated in 2 campaigns during his service in the RVN. Therefore, he is eligible for award of 2 bronze service stars to be affixed on his already-awarded Vietnam Service Medal.
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 BSM from the applicant's DD Form 214 and adding the BSM with V Device;
b. adding the already-awarded Purple Heart to the applicant's DD Form 214;
c. authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award; and
d. deleting the Vietnam Service Medal from his DD Form 214 and adding the Vietnam Service Medal with 2 bronze service stars.
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.
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