IN THE CASE OF:	   

		BOARD DATE:	  	   7 October 2008

		DOCKET NUMBER:  AR20080012208 


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, correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal with “V” Device.

2.  The applicant states, in effect, that his DD Form 214 should be corrected to show the Bronze Star Medal with “V” Device based on General Orders Number 840, dated 3 March 1970.

3.  The applicant provides a copy of his DD Form 214; and Headquarters, II Field Force Vietnam General Orders Number 840, dated 3 March 1970, in support of his application.

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 enlisted in the Regular Army on 13 January 1969 for a period of three years.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman).  His highest grade attained was sergeant (SGT)/E-5.

3.  He was assigned to Vietnam on 3 September 1969 with Company D (Ranger), 151st Infantry.  His DA Form 20 (Enlisted Qualification Record) shows he was reassigned to Company D (Ranger), 75th Infantry on 20 November 1969.

4.  Headquarters, II Field Force Vietnam General Orders Number 840, dated 3 March 1970, show the applicant was awarded the Bronze Star Medal with “V” Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 5 January 1970.  

5.  The applicant departed Vietnam on 3 September 1970.  He was credited with participation in the Vietnam Counteroffensive Phase III Campaign, the Tet Counteroffensive Campaign, the Vietnam Counteroffensive Phase IV Campaign, and the Vietnam Counteroffensive Phase V Campaign.  

6.  The applicant was released from active duty on 17 November 1971.  He completed 2 years, 10 months, and 5 days of active military service with no days of lost time.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.

7.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Republic of Vietnam Campaign Medal, the Air Medal, and the Bronze Star Medal. 

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 75th Infantry, 25th Infantry Division, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

9.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 75th Infantry, 25th Infantry Division, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 5, dated 1973.
10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes 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.  General orders show the applicant was awarded the Bronze Star Medal with “V” Device.  However, his DD Form 214 incorrectly reflects only the Bronze Star Medal.  Therefore, it would be appropriate to amend his DD Form 214 to reflect the Bronze Star Medal with “V” Device. 

2.  It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 13 January 1969 through 17 November 1971.

3.  The applicant was assigned to a unit during a period it 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.  Therefore, these awards should be added to his DD Form 214.

4.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his Vietnam Service Medal.

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:

		a.  awarding him the Army Good Conduct Medal for the period 13 January 1969 through 17 November 1971;

		b.  deleting the Bronze Star Medal from item 24 on his DD Form 214; and 

		c.  adding the Bronze Star Medal with “V” Device, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 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)                                         AR20080012208



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ABCMR Record of Proceedings (cont)                                         AR20080012208



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