IN THE CASE OF:
BOARD DATE: 3 September 2008
DOCKET NUMBER: AR20080010462
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 DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal with V Device.
2. The applicant states that this award is not shown on his DD Form 214.
3. The applicant provides orders and an award certificate for the Bronze Star Medal with V Device; and a copy of his DD Form 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 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. The applicant was inducted on 13 April 1970. He arrived in Vietnam on
2 December 1970. He served as a light weapons infantryman assigned to Company A, 2nd Battalion, 12th Cavalry of the 1st Cavalry Division in Vietnam from 13 December 1970 through 3 April 1971. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 7th Cavalry of the 1st Cavalry Division in Vietnam from 4 April 1971 through 26 September 1971. He was assigned to Company A, 1st Battalion, 7th Cavalry of the 1st Cavalry Division in Vietnam from 27 September 1971 through 30 November 1971. On 1 December 1971, the applicant was released from active duty.
3. The applicants DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, the Bronze Star Medal, the Army Commendation Medal, and the Combat Infantryman Badge as authorized awards.
4. Headquarters, 3rd Brigade (Separate) General Orders Number 1358, dated 15 July 1971, show the applicant received the Bronze Star Medal with V Device for heroism on 3 July 1971 in Vietnam. He had been awarded the Bronze Star Medal for meritorious service on orders dated 16 October 1971.
5. Records show the applicant participated in two campaigns during his assignment in Vietnam.
6. 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 applicant's unit (2nd Battalion, 12th Cavalry) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (21 February 1970 to 28 February 1971) based on Department of the Army General Orders Number 42, dated 1972. His unit (1st Battalion, 7th Cavalry) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
(17 September 1965 to June 1972) based on Department of the Army General Orders Number 54, dated 1974.
7. Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award.
8. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Bronze Star Medal with V Device.
2. The applicant participated in two campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with two bronze service stars.
3. The applicant's units (2nd Battalion, 12th Cavalry and 1st Battalion, 7th Cavalry) were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is eligible to wear one of those awards. However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
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 adding the Bronze Star Medal with V Device and with 1st Oak Leaf Cluster, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214.
________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) AR20080010462
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