IN THE CASE OF:	  

		BOARD DATE:	        7 April 2009

		DOCKET NUMBER:  AR20090000838 


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) to show a second award of the Bronze Star Medal and completion of 1 year and 4 months of foreign service instead of 1 year.

2.  The applicant states, in effect, that the second award is not listed on his DD Form 214 and that his period of foreign service is incorrect.

3.  The applicant provides a copy of his DD Form 214, dated 10 October 1968, in support of his request.  

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 requested correction of his DD Form 214 to show he completed 1 year and 4 months of foreign service.  A review of the applicant’s records indicates that he was issued a DD Form 215 (Correction to DD Form 214) on 1 May 1969 that adjusted his period of foreign service from 1 year to 1 year, 3 months, and 22 days.  The applicant was provided with a copy of this DD Form 215 in a separate correspondence.  Therefore, the issue of foreign service will not be discussed further in these Proceedings.  

3.  The applicant's records show he enlisted in the Regular Army for a period of 3 years on 11 October 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  He was honorably released from active duty on
10 October 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The highest rank/grade he attained during his military service was sergeant (SGT)/
E-5.

4.  The applicant’s records show he served in the Republic of Vietnam from on or about 26 May 1966 to on or about 15 September 1967.  He was assigned to Company B, 1st Battalion, 27th Infantry.  

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Parachutist Badge, and the Bronze Star Medal.  

6.  On 1 May 1969, the applicant was issued a DD Form 215 that deleted his award of the Bronze Star Medal and added awards of the Bronze Star Medal with “V” Device and the Good Conduct Medal.   However, by deleting one Bronze Star Medal and adding another Bronze Star Medal with "V" Device, the applicant's DD Form 215 did not account for the two awards of the Bronze Star Medal.

7.  Headquarters, 25th Infantry Division, General Orders Number 1352, dated 18 April 1967, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from May 1966 to April 1967.

8.  Headquarters, 101st Airborne Division, General Orders Number 1924, dated 21 June 1968, show the applicant was awarded the Bronze Star Medal with “V” Device for heroism in ground combat in the Republic of Vietnam on 5 May 1968.


9.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

10.  A review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

11.  Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, Special Orders Number 335, dated 1 December 1965, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on
27 November 1965.

12.  Headquarters, 82nd Airborne Division, Fort Bragg, NC, Special Orders Number 247, dated 7 October 1967, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on
25 September 1967. 

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 1st Battalion, 27th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from   1 January 1966 to 31 August 1968, based on Department of the Army General Orders Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, from 1 January 1966 to 21 January 1970, based on the Department of the Army General Orders Number 51, dated 1971.

14.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Furthermore, Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive (25 December 1965 – 30 June 1966); Vietnam Counteroffensive, Phase II (1 July 1966 – 
31 May 1967); and the Vietnam Counteroffensive, Phase III (1 June 1967 – 
29 January 1968) 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.

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant two awards of the Bronze Star Medal, one for meritorious service in connection with military operations against a hostile force during the period May 1966 to April 1967 and the other with “V” Device for heroism in ground combat in the Republic of Vietnam on 5 May 1968.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

2.  General Orders show the applicant’s 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 which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal.

4.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

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 from item 24 of the applicant's DD Form 214 the Bronze Star Medal with “V” Device and the Vietnam Service Medal; and 

	b.  adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal (1st Oak Leaf Cluster) and with “V” Device, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit 


Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the  Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).


															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)                                         AR20090000838



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ABCMR Record of Proceedings (cont)                                         AR20090000838



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