IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100020561 


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 record to show award of the Bronze Star Medal (BSM) with "V" Device.

2.  He states he received this award while attached to the 3rd Battalion, 
4th Calvary Mechanized Infantry in May 1970. 

3.  He provides no additional documents in support of his application. 

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 records show he was inducted into the Army of the United States on 11 June 1969.  He served in the Republic of Vietnam from 
13 November 1969 to 24 October 1970 and he was assigned to Battery B,
3rd Battalion, 13th Field Artillery, 25th Infantry Division.  He was honorably released from active duty on 25 June 1971.  

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the following:  

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with 60 Device
* Two Overseas Service Bars
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge 

4.  Headquarters, 25th Infantry Division, General Orders Number 10633, dated
28 October 1970, obtained from the Awards and Decorations Computer Assisted Retrieval System (ADCARS), shows he was awarded the BSM for meritorious achievement in connection with military operations against a hostile force from
1 September 1970 to 24 October 1970.  There are no orders in his available records or on ADCARS that show he was awarded the BSM with "V" Device. 

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows the following:

* Sharpshooter Marksmanship Qualification Badge with M14 Rifle Bar, Special Order Number 213, Fort Bragg, North Carolina
* Sharpshooter Marksmanship Qualification Badge with M16 Rifle Bar, Special Order Number 225, Fort Sill, Oklahoma

6.  Review of his DD Form 214 indicates he is entitled to additional awards that are not shown on this form.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows 3rd Battalion, 13th Field Artillery, to which the applicant was assigned, was cited for award of Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 51, dated 1971 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 5, dated 1973.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May 1970-30 June 1970)
* Vietnamese Counteroffensive Phase VII (1 July 1970-30 June 1971)

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records to show the applicant was awarded the BSM with "V" Device.  However, General Orders Numbers 762 awarded him the BSM.  Therefore, his records should be corrected to show this award.

2.  The evidence of record shows his unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, he is entitled to correction of his records to show these unit awards.

3.  The evidence also shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show three bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  Special Orders Number 213 and 225 awarded him the Marksmanship Qualification Badge with the M14 and M16 rifle bar, respectively.  Therefore, his records should be corrected to show this badge with the rifle bars.

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 his DD Form 214 the Vietnam Service Medal and  the Sharpshooter Marksmanship Qualification Badge; and

	b.  adding to item 24 of his DD Form 214, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Sharpshooter Marksmanship Qualification Badge with Rifle Bars [M14] and [M16].

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 the award of the BSM 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)                                         AR20100020561





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ABCMR Record of Proceedings (cont)                                         AR20100020561



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