IN THE CASE OF:	  

		BOARD DATE:	  12 August 2010

		DOCKET NUMBER:  AR20100007968 


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 (1st Oak Leaf Cluster) with "V" Device and the Air Medal (4th and 5th Oak Leaf Cluster).

2.  The applicant states the awards were still in process at the time he signed his DD Form 214.

3.  The applicant provides the following documents:

* orders awarding him the Bronze Star Medal with "V" Device
* orders awarding him the Bronze Star Medal (1st Oak Leaf Cluster)
* orders awarding him the Air Medal (4th and 5th Oak Leaf Cluster)

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 was inducted into the Army of the United States on 25 October 1966 and held military occupational specialty 13E (Field Artillery (FA) Operations and Intelligence Assistant).  He was honorably discharged on 4 September 1967 to accept a commission as an officer in the Army.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He was appointed as an FA officer and executed an oath of office on 5 September 1967.  He subsequently served in Vietnam from on or about 6 July 1968 to on or about 3 July 1969.  He was assigned as follows:

* Battery B, 2nd Battalion, 9th Artillery, 4th Infantry Division, from on or about 24 July 1968 to on or about 26 October 1968
* Headquarters and Headquarters Battery, 4th Infantry Division Artillery, from on or about 26 October 1968 to on or about 30 June 1969

5.  He was honorably released from active duty in the rank/grade of first lieutenant on 8 July 1969 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.

6.  Item 24 of his DD Form 214 for this period of service shows the Vietnam Campaign Medal, Vietnam Service Medal, Army Commendation Medal with "V" Device, Air Medal (3rd Oak Leaf Cluster), and Air Crewman Badge.

7.  Headquarters, 4th Infantry Division, published the following orders:

	a.  General Orders Number 2036, dated 24 May 1969, awarding him the Air Medal (1st through 3rd Oak Leaf Cluster);

	b.  General Orders Number 3259, dated 21 June 1969, awarding him the Air Medal (4th and 5th Oak Leaf Cluster);

	c.  General Orders Number 3516, dated 29 June 1969, awarding him the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service; and

	d.  General Orders Number 3578, dated 2 July 1969, awarding him the Bronze Star Medal with "V" Device for heroism on 11 May 1969.

8.  A review of his records indicates his entitlement to additional awards that are not shown on his DD Form 214.

9.  Item 23 (Qualification in Arms) of his DA Form 66 (Officer Qualification Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16).

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with his two units in Vietnam:

	a.  the 2nd Battalion, 9th Artillery, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 28 July 1969 based on Department of the Army General Orders (DAGO) Number 3, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 August 1967 to 31 October 1969 based on DAGO Number 53, dated 1970; and

	b.  Headquarters and Headquarters Battery, 4th Infantry Division Artillery, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1966 to 28 July 1969 based on DAGO 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 DAGO Number 53, dated 1970.

11.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows he participated in the Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968 to 8 June 1969), Tet 69 Counteroffensive (23 February 1969 to 8 June 1969), and Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 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 awarded him the Bronze Star Medal (1st Oak Leaf Cluster) and "V" Device which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  General orders awarded him the Air Medal (4th and 5th Oak Leaf Cluster) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded his units in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of 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.

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

5.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and 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.

6.  He was previously awarded the National Defense Service Medal.  However, this award is not listed on his DD Form 214 for the period ending on 8 July 1969. 
Therefore, he is entitled to correction of this DD Form 214 to show this award.

BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 his DD Form 214 for the period ending 9 July 1969 the Air Medal (3rd Oak Leaf Cluster) and

	b.  adding to item 24 of the same DD Form 214 the Bronze Star Medal (1st Oak Leaf Cluster) and "V" Device, Air Medal (5th Oak Leaf Cluster), two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and four 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)                                         AR20100007968



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ABCMR Record of Proceedings (cont)                                         AR20100007968



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