IN THE CASE OF:	  

		BOARD DATE:	         27 August 2009

		DOCKET NUMBER:  AR20090005388 


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 that he be awarded the Bronze Star Medal with “V” Device.

2.  The applicant states that he was told by his first sergeant and the first lieutenant that he was going to receive the Bronze Star Medal with “V” Device and that he never received the award.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 26 March 1969, the applicant was inducted into the Army of the United States in Des Moines, Iowa.  He successfully completed his training as a light weapons infantryman.  He was transferred to Vietnam on 1 August 1969 and he was subsequently assigned to Company E, 5th Battalion, 60th Infantry Regiment, 3rd Infantry Brigade, 9th Infantry Division.

3.  While in Vietnam, the applicant participated in the following four campaigns:  the Vietnam Summer-Fall 1969, which extended from 9 June 1969 - 31 October 1969; Vietnam Winter-Spring 1970, which extended from 1 November 1969 – 
30 April 1970; Sanctuary Counteroffensive, which extended from 1 May 1970 - 30 June 1970; and the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 - 30 June 1971.

4.  Headquarters, II Field Force Vietnam, General Order Number 3327 was published on 18 August 1970 awarding the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force, while in the Republic of Vietnam from August 1969 to August 1970.

5.  The applicant returned to the Continental United States on 24 August 1970.  On 25 March 1971, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, at the expiration of his term of service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized) of the applicant's DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Air Medal, Purple Heart, Combat Infantryman Badge, Vietnam Service Medal, Army Commendation Medal (first oak leaf cluster), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), two Overseas Service Bars, Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16).  However, the Bronze Star Medal was never included on his DD Form 214.

7.  A review of the available records does not show that the applicant was ever awarded the Bronze Star Medal “V” Device during his active duty service.

8.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he received "excellent" conduct and efficiency ratings throughout his service and there is no evidence of any convictions by court-martial contained in his record.  His DA Form 20 also shows that he qualified as expert with the M-60 machine gun which is not shown on his DD Form 214.
9.  U.S. Army Vietnam Regulation 672-1 (Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement, or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  

10.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes wear of the bronze “V” Device in conjunction with awards of the Army Commendation Medal, Air Medal, and Bronze Star Medal.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

12.  Army Regulation 600-8-22, in pertinent part, authorizes 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.  In this case, the applicant is entitled for four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 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 29 July 1969 - 20 July 1970 by Department of the Army General Order (DAGO) Number 55, dated 1971; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 29 July 1969 – 
20 July 1970 by DAGO Number 55, dated 1971; and the Valorous Unit Award for the period 1 May 1970 - 29 June 1970 by DAGO Number 43, dated 1972.

14.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a 
decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Bronze Star Medal with “V” Device.

2.  His contentions have been noted; however, there is no evidence in the available record, nor has the applicant submitted any evidence, to show that he is entitled to the award of the Bronze Star Medal with “V” Device.  According to the applicable regulation the bronze “V” Device indicates acts of heroism involving conflict with an armed enemy.  The applicant’s records do not show that the applicant met the criteria for award of the Bronze Star Medal with “V” Device.

3.  However, although the applicant may have been told he would receive the Bronze Star Medal with "V" Device he was in fact issued general orders for award of the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from August 1969 to August 1970.  His records do not show the Bronze Star Medal as an authorized award.  Therefore, it would be appropriate at this time to correct his records to show this award.

4.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal with "V" Device, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal with "V" Device by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

5.  Evidence of record also shows the applicant qualified as an expert with the
M-60 machine gun.  Therefore, his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Machinegun Bar.

6.  The applicant received all "excellent" conduct and efficiency ratings throughout his tenure of service with no record of any disciplinary actions.  There is also no record of a commander's disqualification for the Army Good Conduct Medal.  Therefore, the applicant should be awarded the Army Good Conduct Medal (first award) and his records should be corrected to show this award.

7.  The unit to which the applicant was assigned was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the applicant's records should be corrected to show these unit awards.

8.  Additionally, the applicant participated in four campaigns while he was in Vietnam and in accordance with the applicable regulation, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  Therefore, his records should be corrected to show the Vietnam Service Medal with four bronze service stars.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X     _  ____X___  __X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Vietnam Service Medal;

   b.  awarding the applicant the Army Good Conduct Medal for exemplary service from 26 March 1969 through 25 March 1971; and

   c.  adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Expert Marksmanship Qualification Badge with Machinegun Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Bronze Star Medal with “V” Device.



      _______ _   _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)                                         AR20090005388



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ABCMR Record of Proceedings (cont)                                         AR20090005388



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