IN THE CASE OF:	  

		BOARD DATE:	       4 AUGUST 2009

		DOCKET NUMBER:  AR20090003676 


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 award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Korea Defense Service Medal and/or the Armed Forces Expeditionary Medal, the Meritorious Unit Commendation, the addition of a "V" Device to his already-awarded Bronze Star Medal, and two additional bronze service stars be affixed to his already-awarded Vietnam Service Medal.

2.  The applicant states that his DD Form 214 is missing several awards. 

3.  The applicant provided a copy of his DD Form 214, dated 2 October 1969; a copy of his Honorable Discharge Certificate, dated 2 October 1972; and a copy of General Orders Number 1242 and certificate, dated 10 April 1969, showing award of the Bronze Star Medal with "V" Device, 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's records show he enlisted in the Regular Army for a period of 3 years on 3 October 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 95B (Military Policeman).  He was honorably released from active duty in the rank/grade of corporal/E-4 on 2 October 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  

3.  The applicant’s records show he completed two periods of foreign service as follows:

	a.  he served in Korea from on or about 3 March 1967 to 3 February 1968 and was assigned to the 2nd Military Police Company; and

	b.  he served in the Republic of Vietnam from on or about 15 March 1968 to 11 March 1969 and was assigned to Company B, 720th Military Police Battalion. 

4.  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 with two bronze service stars, the Republic of Vietnam Campaign Medal with (1960) Device, the Bronze Star Medal, and the Good Conduct Medal.   

5.  Headquarters, U.S. Army Vietnam, General Orders Number 1242, dated 10 April 1969, show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 23 February 1969. 

6.  During the processing of this case, a member of the Board’s staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any additional orders on file for the applicant.  

7.  Army Regulation 600-8-22 (Military Awards) 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

8.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Korea from 1 October 1966 to 30 June 1974.

9.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and period of eligibility are as follows: the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, all air spaces above the land, and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 720th Military Police Battalion was awarded the Meritorious Unit Commendation from 9 February 1968 to 1 February 1969 based on Department of the Army General Orders Number 36, dated 1970 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 29 September 1966 to 28 March 1973 based on Department of the Army General Orders Number 6, dated 1974. 

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET Counteroffensive, 30 January 1968 to 1 April 1968; the Vietnam Counteroffensive, Phase IV, 2 April 1968 to 30 June 1968; the Vietnam Counteroffensive, Phase V, 1 July 1968 to 1 November 1968; the Vietnam Counteroffensive, Phase VI, 2 November 1968 to 22 February 1969; and the TET 69 Counteroffensive, 23 February 1969 to 8 June 1969, 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.  It also states that a silver service star denotes five bronze service stars. 




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

13.  Headquarters, 4th Training Brigade, U.S. Army Training Center, Fort Gordon, GA, Special Orders Number 11, dated 23 January 1967, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber).

14.  Headquarters, U.S. Army Training Center, Fort Dix, NJ, Special Orders Number 250, dated 29 November 1966, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 is missing several awards pertaining to his Korea and Vietnam service.

2.  General Orders awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam.  Since there is no indication that he was awarded a second award of the Bronze Star Medal, it appears that his DD Form 214 erroneously left out the "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show the addition of a "V" Device to his Bronze Star Medal.

3.  The evidence of record shows the applicant served a qualifying period of service in Korea from 21 November 1966 to on or about 12 December 1967 for award of the Armed Forces Expeditionary Medal, which is not shown on his records.  This period of service is also a qualifying period for award of the Korea Defense Service Medal which is also not shown on his records.  Therefore, he is entitled to correction of his records to show these awards.

4.  General Orders awarded the applicant’s unit the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam, three of which are not shown on his DD Form 214.  Therefore, he is entitled to award of a silver service star, denoting five bronze service stars, to be affixed to the already-awarded Vietnam Service Medal. 
6.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 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 the Bronze Star Medal and the Vietnam Service Medal with two bronze service stars from his DD Form 214; and 

	b.  adding the Bronze Star Medal with "V" Device, the Armed Forces Expeditionary Medal, the Korea Defense Service Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Vietnam Service Medal with one silver service star to his DD Form 214. 



       _______ _   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)                                         AR20090003676



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ABCMR Record of Proceedings (cont)                                         AR20090003676



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