IN THE CASE OF:	  

		BOARD DATE:	  	  9 December 2008

		DOCKET NUMBER:  AR20080015512 


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 his discharge document to show award of the Bronze Star Medal with “V” Device.

2.  The applicant states, in effect, he was awarded the Bronze Star Medal for heroism by General W______ and General C_____, on or about 25 November 1969; however, the award is not recorded on his discharge document.  He also states that he received a second award of the Bronze Star Medal, on 2 April 1970, and this one is recorded on his discharge document.  He adds that he earned the medal for his acts of bravery and by putting himself in harm’s way to protect and defend his fellow Soldiers.  The applicant further states that he is presently working on issues related to his service in Vietnam and he has come to realize the honor that is associated with being awarded this medal for heroism. 

3.  The applicant provides a photocopy of a Bronze Star Medal with “V” Device medal set; DA Form 1594 (Daily Staff Journal or Duty Officer’s Log), dated
23 November 1969; a letter, dated 26 November 1969; extract of a magazine article, 1st of the 8th, undated; and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 20 May 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’s military personnel records show he was inducted into the Army of the United States on 16 October 1968.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).  It shows, in pertinent part, that:

     a.  Item 29 (Qualification in Arms) shows the applicant qualified First Class (Sharpshooter) with the M-60 machinegun and Marksman with the M-14 rifle and M-16 automatic rifle;

     b.  Item 31 (Foreign Service) shows he served overseas in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 15 April 1969 through
19 May 1970;

     c.  Item 38 (Record of Assignments) shows he was assigned to Company B, 1st Battalion, 8th Cavalry, 1st Air Cavalry Division (USARPAC, RVN) from
25 April 1969 through 7 July 1969.  He was then assigned to Company E,
1st Battalion, 8th Cavalry, 1st Air Cavalry Division (USARPAC, RVN) from 8 July 1969 until his departure from the RVN on 16 May 1970;

     d.  Item 39 (Campaigns) is absent an entry; and

     e.  Item 41 (Awards and Decorations) shows the applicant was awarded the Bronze Star Medal with “V” Device, Air Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with
(M-60) Machinegun Bar, Marksman Marksmanship Qualification Badge with
(M-14) Rifle and (M-16) Automatic Rifle Bars, and 1 Overseas Service Bar.

4.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict produced a copy of Headquarters, 1st Cavalry Division (Airmobile) (RVN), General Orders Number 1374, dated 24 January 1970, that show the applicant was awarded the Bronze Star Medal with “V” Device for heroism, not involving participation in aerial flight, in connection with military operations against a hostile enemy force in the RVN on 17 November 1969.  This search also produced a copy of Headquarters, 1st Cavalry Division (Airmobile) (RVN), General Orders Number 4848, dated 2 April 1970, that show, in pertinent part, the applicant was awarded the Bronze Star Medal for meritorious service, not involving participation in aerial flight, in connection with military operations against a hostile enemy force in the RVN from March 1969 to May 1970.

5.  The applicant's military personnel records contain a DD Form 214, with an effective date of 20 May 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Bronze Star Medal, Air Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar, and 2 Overseas Service Bars.  The DD Form 214 also shows the applicant was honorably released from active duty on 20 May 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  At the time, he was credited with completing 1 year, 7 months, and 5 days of net active service this period and 1 year, 1 month, and 5 days of foreign service.

6.  In support of his application, the applicant provides the following documents.

     a.  A DD Form 214, with an effective date of 20 May 1970, that was previously introduced and considered in this Record of Proceedings.

     b.  Bronze Star Medal with “V” Device medal set photograph that shows the Bronze Star Medal with “V” Device decoration, ribbon, and lapel pin.

     c.  DA Form 1594 (Daily Staff Journal or Duty Officer’s Log) that documents significant incidents, messages, and orders at Fire Support Base (FSB) Ellen (RVN) during the period 0001 to 2400 hours on 23 November 1969 and, in pertinent part, shows that General W_______, Battalion S-1, and General C____ were scheduled to arrive at FSB Ellen at 1445 hours on 25 November 1969.
 
     d.  A personal letter the applicant wrote to his father, dated 26 November 1969, that, in pertinent part, states “[t]he last time a General came out the next day, and gave me and two other guys a Bronze Stars (sic) with a V.  What I got it for is beyond me.”
     e.  An extract of a magazine article, 1st of the 8th, undated, that provides a history of the unit spanning from October 1966 through December 1969 and, in pertinent part, describes two enemy sapper attacks at FSB Ellen during November 1969.

7.  A review of the applicant's military personnel records shows that he may be entitled to additional awards that are not shown on his DD Form 214.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant received conduct and efficiency ratings of “excellent” throughout the entire period of his military service, his records do not contain any adverse information, and there is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

9.  The applicant’s military personnel records contain a copy of Headquarters,
U.S. Army Training Center, Armor (2018), Fort Knox, Kentucky, Special Orders Number 352, dated 17 December 1968.  These orders show, in pertinent part, that the applicant was awarded the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

10.  The applicant’s military personnel records contain a copy of Headquarters,
Fort Polk, Louisiana, Special Orders Number 023, dated 28 January 1969.  These orders show, in pertinent part, that the applicant was awarded the Marksman Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar.

11.  The applicant’s military personnel records contain a copy of Headquarters,
U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 037, dated 11 February 1969.  These orders show, in pertinent part, that the applicant was awarded the Sharpshooter (First Class Gunner) Marksmanship Qualification Badge with (M-60) Machinegun Bar.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Tet 69 Counteroffensive, 1969; Vietnam Summer-Fall 1969; Vietnam Winter-Spring 1970; and DA Sanctuary Counteroffensive campaigns.

13.  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 Company E, 1st Battalion, 8th Cavalry, 1st Air Cavalry Division (USARPAC, RVN), the unit was cited for award of the Valorous Unit Award by Headquarters, Department of the Army, General Orders Number 43 (1972).

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to Company E, 1st Battalion, 8th Cavalry, 1st Air Cavalry Division (USARPAC, RVN), the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 42 (1972).

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

16.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with certain decorations, among which is the Bronze Star Medal.

17.  Army Regulation 600-8-22 provides, in pertinent part, that an oak leaf cluster is awarded to denote each succeeding award of certain decorations, among which is the Bronze Star Medal.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

20.  Army Regulation 600-8-22 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, including the Vietnam Service Medal.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party, for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

22.  Army Regulation 600-8-22 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service.  

23.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

24.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show award of the Bronze Star Medal with “V” Device.

2.  The evidence of record shows that General Orders awarded the applicant the Bronze Star Medal with “V” Device for heroism in connection with military operations against a hostile force in the RVN on 17 November 1969.  The evidence of record also shows that General Orders awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the RVN from March 1969 to May 1970.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Bronze Star Medal with “V” Device (1st Oak Leaf Cluster).

3.  Records show that the applicant completed a period of active duty enlisted service qualifying for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.

4.  Records show the applicant qualified for award of the Vietnam Service Medal and he participated in 4 campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of 4 bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show that General Orders awarded the applicant's unit the Valorous Unit Award.  Therefore, it would be appropriate to correct his records to show this unit award.

6.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

7.  Records show that Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  Therefore, it would be appropriate to correct his records to show this badge with the component bar.

8.  Records show that Special Orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.  Records also show that Special Orders awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  Therefore, it would be appropriate to correct his records to show this badge with the respective component bars.

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:

     a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 16 October 1968 to 20 May 1970;

     b.  deleting from Item 24 of his DD Form 214 the Bronze Star Medal, Vietnam Service Medal, and Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar; and

     c.  adding to Item 24 of his DD Form 214 the Bronze Star Medal with “V” Device (1st Oak Leaf Cluster), Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, and Marksman Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars.



      __________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)                                         AR20080015512



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ABCMR Record of Proceedings (cont)                                         AR20080015512



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