IN THE CASE OF:	  

		BOARD DATE:	  8 January 2009

		DOCKET NUMBER:  AR20080015065 


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 separation document (DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) dated 7 May 1970, be corrected to add the Bronze Star Medal (BSM), Vietnam Service Medal (VSM) with 4 bronze service stars, Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), Meritorious Unit Commendation (MUC) with 2nd Oak Leaf Cluster (3rd Award), and Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that while reviewing his separation document with a fellow Vietnam Veteran on 11 January 2008, he discovered that his DD Form 214 did not reflect his award of the BSM.  He further states that his DD Form 214 did not reflect his entitlement to the RVNCM with Device (1960), MUC with 2nd Oak Leaf Cluster, RVN Gallantry Cross with Palm Unit Citation and VSM with 4 bronze service stars.

3.  The applicant provides the following documents in support of his application:  self-authored statement; DD Form 214; Enlisted Qualification Record (DA Form 20); Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 11335, dated 17 September 1969; BSM Certificate; campaign service requirements; and Department of Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), pages 12, 13, and 100.


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's records show he was initially inducted into the Army of the United States and entered active duty on 8 May 1968.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) and sergeant is the highest rank he attained while serving on active duty.

3.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 14 October 1968 through 13 October 1969.  It also shows in item 38 (Record of Assignments) that during his RVN tour, he was assigned to Company C, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division, during the period from 21 October 1968 through 23 November 1968 performing duties in MOS 11B as a rifleman.  It also shows he was assigned to Company E, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division, during the period from 24 November 1968 through 10 October 1969 performing duties in MOS 11B as an automatic rifleman.

4.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he earned the following awards:  National Defense Service Medal (NDSM), VSM, Combat Infantryman Badge (CIB), RVNCM with Device (1960), Purple Heart (PH), Air Medal (AM), Army Good Conduct Medal (AGCM), Overseas Service Bar, Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  The applicant's record contains Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 11335, dated 17 September 1969, which awarded the applicant the BSM for his meritorious service in connection with military operations against a hostile force in the RVN during the period October 1968 through October 1969.
6.  On 7 May 1970, the applicant was honorably released from active duty (REFRAD) after completing a total of 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued upon his REFRAD shows he earned the NDSM, PH, VSM, AM, CIB, AGCM, two Overseas Service Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.

8.  Paragraph 6-3 of the awards regulation contains guidance on oak leaf clusters. It states in pertinent part, that a bronze or silver twig of four oak leaves with three acorns on the stem, 13/32-inch long for the suspension ribbon, and 5/16-inch long for the service ribbon bar and the unit award emblem, is issued to denote award of second and succeeding awards of decorations (other than the Air Medal), the Army Reserve Components Achievement Medal, and unit awards.

9.  Paragraph 9-13 of the awards regulation contains guidance on award of the Republic of Vietnam Campaign Medal with Device (1960).  It states, in pertinent part, that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.

10.  Army Pamphlet 672-3 assists commanders and personnel officers in establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division) earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  It also shows that during the applicant's assignment tenure in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive 1969, and Vietnam Summer-Fall 1969 campaigns.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to award of the BSM was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the BSM for his meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period October 1968 through October 1969.  Therefore, it would be appropriate to add this award to his record and DD Form 214 at this time.

2.  The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation, RVNCM with Device (1960), MUC with 2nd Oak Leaf Cluster, Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60),  Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and 4 bronze service stars to wear with his VSM.  Therefore, it would also be appropriate to add these awards to his record and separation document.

BOARD VOTE:

____x___  ___x____  ___x____  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 amending his 7 May 1970 DD Form 214 by deleting the current list of awards in item 24 and replacing it with the entry:  National Defense Service Medal, Purple Heart, Bronze Star Medal, Air Medal, Army Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal 

First Class Unit Citation, 2 Overseas Service Bars, Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).



      __________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)                                         AR20080015065



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ABCMR Record of Proceedings (cont)                                         AR20080015065



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