BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090009710 


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 Bronze Star Medal with "V" Device.  

2.  The applicant states, in effect, that the award is not listed on his DD Form 214.

3.  The applicant provides a copy of a certificate, dated 3 October 1968, showing award of the Bronze Star Medal; a photograph of an award presentation ceremony; and a copy of a newspaper article, dated 28 November 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's records show he enlisted in the Regular Army for a period of 4 years on 28 July 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).  He was honorably released from active duty in the rank/grade of staff sergeant/E-6 on 9 April 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 served in the Republic of Vietnam from on or about 15 April 1968 to 7 April 1969.  He was assigned to Company E, 
3rd Battalion, 8th Infantry, 4th Infantry Division. 

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, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Vietnam Service Medal, the Vietnam Campaign Medal, two overseas service bars, the Army Commendation Medal and the Combat Infantryman Badge.  Item 24 does not show award of the Bronze Star Medal with "V" Device. 

5.  Headquarters, 4th Infantry Division, General Orders Number 5262, dated 29 September 1968, show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 18 August 1968.  

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

7.  Headquarters, Fort Polk, LA, Special Orders Number 293, dated 1 December 1965, show the applicant was awarded the Expert Marksmanship Qualification Badge with Mortar Bar.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during its service in the Republic of Vietnam, the 3rd Battalion, 8th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1966 to 
28 July 1969 based on Department of the Army General Orders Number 3, dated 1970 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1966 to 31 October 1969 based on Department of the Army General Orders Number 53, dated 1970.


9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968), the Vietnam Counteroffensive, Phase V (1 July 1968 – 
1 November 1968), and the Vietnam Counteroffensive, Phase VI (2 November 1968 – 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.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in ground combat in the Republic of Vietnam on 18 August 1968; therefore, he is entitled to correction of his DD Form 214 to show this award.

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 Expert Marksmanship Qualification Badge with Mortar Bar which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

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 adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal with "V" Device, 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 with Mortar Bar, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



      _______ _   _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)                                         AR20090009710



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ABCMR Record of Proceedings (cont)                                         AR20090009710



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