IN THE CASE OF:	  

		BOARD DATE:	       14 August 2008

		DOCKET NUMBER:  AR20080010616 


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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 July 1968 to show award of the Bronze Star Medal and the Army Commendation Medal.

2.  The applicant states, in effect, that the above awards were omitted from his DD Form 214 at the time of his discharge.

3.  The applicant provides no additional documentation in support of this case.

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 was inducted into the Army on 7 July 1966 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  The applicant arrived in Vietnam and was assigned to the Headquarters and Headquarters Company, 1st Battalion, 5th Infantry, 25th Infantry Division, on or about 29 January 1967.

4.  Headquarters, 25th Infantry Division, General Orders Number 4689, dated 3 December 1967, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force.

5.  The applicant departed Vietnam on or about 15 December 1967 after being credited with participating in three campaigns.

6.  On 5 July 1968, the applicant was honorably released from active duty after completing 1 year, 11 months, and 29 days of creditable active service with 1 day time lost.

7.  The applicant's DD Form 214 for the period ending 5 July 1968 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Marksman Marksmanship Qualification Badge (Rifle), the Expert Marksmanship Qualification Badge (Mortar), the Combat Infantryman Badge, and two overseas service bars.

8.  There are no general orders in the applicant’s service personnel records that show he was awarded the Army Commendation Medal.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  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, 5th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 15 March 1968 through 31 August 1969 based on Headquarters, Department of the Army, General Orders Number 48, dated 1971.

11.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant’s assignment to the 1st Battalion, 5th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 1 January 1966 through 21 January 1970 based on Headquarters, Department of the Army, General Orders Number 9, dated 1971.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Bronze Star Medal for meritorious service.  His DD Form 214 should be amended to add this award.

2.  There are no orders in the applicant's service personnel records and he has not provided orders that show he was awarded the Army Commendation Medal.  Therefore, there is an insufficient basis for adding the Army Commendation Medal to his DD Form 214 in this case.

3.  The applicant was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His participation in three campaigns makes him eligible for three bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  ___xx___  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 amending his DD Form 214 to add the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.

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 adding the Army Commendation Medal to 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)                                         AR20080010616





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ABCMR Record of Proceedings (cont)                                         AR20080010616



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