IN THE CASE OF:	  

		BOARD DATE:	  4 June 2009

		DOCKET NUMBER:  AR20090003202 


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 in combat in Vietnam; however, the award was not recorded on his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of The Secretary of the Navy, Washington, Bronze Star Medal Citation, dated 4 August 1970.

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 in the Army of the United States and entered active duty for a period of 2 years on 16 May 1968.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 96B (Intelligence Analyst).

3.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).

   a.  Item 29 (Qualification in Arms) shows he qualified Expert with the M-14 rifle on 19 June 1968.

   b.  Item 31 (Foreign Service) shows he served overseas in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 10 November 1968 through 19 December 1969.

   c.  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to the 7th Psychological Operations Battalion (USARPAC, RVN) from 21 November 1968 through 18 December 1969.

   d.  Item 39 (Campaigns) is absent any entries.

   e.  Item 41 (Awards and Decorations) shows he was awarded the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with (M-14) Rifle Bar, and 2 Overseas Service Bars.

4.  The applicant's military personnel records contain a DD Form 214 that shows he entered active duty this period on 16 May 1968, was honorably released from active duty on 21 December 1969, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his military service obligation.  At the time he was credited with completing 1 year, 7 months, and 6 days of net active service this period and 1 year, 1 month, and 12 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.

5.  The applicant's military personnel records contain a copy of The Secretary of the Navy, Washington, Bronze Star Medal Citation, dated 4 August 1970, that shows the applicant was awarded Bronze Star Medal for heroic achievement in connection with combat operations against the enemy in the RVN on
15 September 1969 while serving as a Mobile Loudspeaker Team Leader with the G-5 Section, Third Marine Division in support of Company K, Third Battalion, Third Marine Division.  This document also shows “the Combat Distinguishing Device” is authorized and that the award was approved for the President of the United States by the Honorable John H. C_____, Secretary of the Navy.  This document also contains the entry “Ref:  Bd ser 1178 of Aug 3 1970”
(i.e., Reference:  Board serial number 1178 of 3 August 1970).

6.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce any award orders pertaining to the applicant.

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

8.  The applicant's military personnel records contain a copy of Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 160, dated 24 June 1968, that show the applicant was awarded the Expert Marksmanship Qualification Badge with (M-14) Rifle on 19 June 1968.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase VI, Tet 1969 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970 campaigns; a total of four campaigns.

10.  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 the 7th Psychological Operations Battalion (USARPAC, RVN), the unit was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 36 (1970).  This document also shows that at the time of his assignment to the unit, the unit was cited for award of the Navy Unit Commendation by Headquarters, Department of the Army, General Orders Number 32 (1973).

11.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 7th Psychological Operations Battalion (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 6 (1974).  This document also shows that at the time of his assignment to the unit, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).

12.  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.

13.  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.  

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show the Bronze Star Medal with “V” Device because he was awarded the Bronze Star Medal for heroism in combat in the RVN.

2.  The evidence of record shows The Secretary of the Navy issued the Bronze Star Medal Citation documenting award of the Bronze Star Medal with Combat Distinguishing Device to the applicant for heroic achievement in connection with combat operations against the enemy in the RVN on 15 September 1969.  The evidence of record also shows that this citation was filed in the applicant’s military personnel records.  While there are no orders in the applicant’s records for this award, this may be attributed to the fact that the award orders issued by the U.S. Navy may not have been properly distributed within U.S. Army channels.  Thus, despite the absence of orders, based on the available evidence in this instance, it would be appropriate to correct the applicant’s records to show award of the Bronze Star Medal with “V” Device.

3.  Records show the applicant qualified for award of the Vietnam Service Medal and participated in four 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.

4.  Records show that General Orders awarded the applicant's unit the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his records to show this unit award.
5.  Records show that General Orders awarded the applicant's unit the Navy Unit Commendation.  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 General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

8.  Records show that the applicant qualified Expert and was awarded the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.  Therefore, it would be appropriate to correct his records to show this badge with the component bar.

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 Bronze Star Medal with “V” Device for heroic achievement in connection with combat operations against the enemy in the RVN on 15 September 1969;

   b.  deleting from item 24 of his DD Form 214 the “Vietnam Service Medal”; and

     c.  adding to item 24 of his DD Form 214 the “Bronze Star Medal with “V” Device, Vietnam Service Medal with 4 bronze service stars, Meritorious Unit Commendation, Navy Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar.”




      _______ _   _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)                                         AR20090003202



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ABCMR Record of Proceedings (cont)                                         AR20090003202



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