IN THE CASE OF:	  

		BOARD DATE:	        05 MARCH 2009

		DOCKET NUMBER:  AR20080019039 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Bronze Star Medal with “V” Device.

2.  The applicant states that the Bronze Star Medal with “V” Device is not shown on his DD Form 214.

3.  The applicant provides in support of his application a copy of his DD Form 214 and a copy of General Orders Number 6773 dated 19 June 1971 awarding him the Bronze Star Medal with "V" Device.

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.  On 28 January 1970, the applicant was inducted into the Army in Butte, Montana, and he successfully completed his training as a light weapons infantryman.  

3.  Special Orders Number 79 were published on 20 March 1970 awarding the applicant the Expert Marksmanship Qualification Badge (Rifle M-16).

4.  Special Orders Number 126 were published on 6 May 1970 awarding him the Expert Marksmanship Qualification Badge (.45 Caliber Pistol).

5.  The applicant was transferred and he arrived in Vietnam on 26 June 1970.  He was assigned to Company C, 1st Battalion (Airmobile), 501st Infantry.

6.  While in Vietnam, the applicant participated in the following two campaigns:  the Sanctuary Counteroffensive Campaign which extended from 1 May through 30 June 1970, and the Vietnam Counteroffensive Phase VII Campaign which extended from 1 July 1970 through 30 June 1971.

7.  On 20 March 1971, General Orders Number 2373 were published awarding the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 7 June through 30 November 1970.

8.  General Orders Number 3238 were published on 19 April 1971 awarding the applicant the Bronze Star Medal for meritorious service in the Republic of Vietnam from June 1970 through April 1971.

9.  General Orders Number 6773 were published on 19 June 1971 awarding the applicant the Bronze Star Medal with "V" Device for heroism in connection with ground operation in the Republic of Vietnam on 13 March 1971.

10.  The applicant returned to the Continental United States on 25 May 1971 and he was honorably released from active duty (REFRAD) on 29 September 1971, under the provisions of Army Regulation 635-200, paragraph 5, for other good and sufficient reason when determined by Secretarial Authority.  He was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.


11.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, the Vietnam Service with 1 bronze service star, the Combat Infantryman Badge and the Bronze Star Medal.  However, the Bronze Star Medal with "V" Device, the Air Medal, the Expert Marksmanship Qualification Badge (Rifle M-16) and the Expert Marksmanship Qualification Badge (.45 Caliber Pistol) were not included on his DD Form 214.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in two campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Army Regulation 600-8-22, in pertinent part, provides that the Bronze Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

14.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March to 9 October 1971 in Department of the Army General Order (DAGO) Number 6, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 
2 May 1970 in DAGO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be amended to show that he was awarded the Bronze Star Medal with "V" Device.

2.  The applicant’s contentions have been considered and have been determined to have merit.  The available records show that General Orders Number 6773 were published on 19 June 1971 awarding him the Bronze Star Medal with "V" Device for heroism in connection with ground operations in the Republic of Vietnam on 13 March 1971.  The available evidence to include his DD Form 214 shows he was previously awarded a Bronze Star Medal.  The Bronze Oak Leaf Cluster is awarded to denote the second and succeeding awards of the Bronze 

Star Medal.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 to show the Bronze Star Medal with Bronze Oak Leaf Cluster and “V” Device.

3.  He is also entitled to have his DD Form 214 amended to show that he was awarded the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge (Rifle M-16) and the Expert Marksmanship Qualification Badge (.45 Caliber Pistol).

4.  Additionally, the applicant participated in two campaigns while he serving in Vietnam.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal with one bronze service Star; however, it does not show the 
second bronze service star to which he is entitled for his campaign participation.  It would be appropriate to award the applicant a second bronze service star to denote his campaign participation and to be affixed to his already-awarded Vietnam Service Medal, at this time.

5.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

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.  deleting the Bronze Star Medal, and the Vietnam Service Medal with one bronze service star from the applicant’s DD Form 214;
   
   b.  adding the Bronze Star Medal with Bronze Oak Leaf Cluster and "V" Device, the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit 
Citation, the Expert Marksmanship Qualification Badge (Rifle M-16), the Expert Marksmanship Qualification Badge (.45 Caliber Pistol) and the Vietnam Service Medal with two bronze service stars; and 

   c.  providing him a DD Form 215 (Correction to the DD Form 214) to show the above corrections.




      _______ _XXX   _______   ___
               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)                                         AR20080019039



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019039



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1