IN THE CASE OF:	  

		BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100020629 


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, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Bronze Star Medal and Army Commendation Medal with "V" Device.

2.  He states his DD Form 214 lists the Vietnam Service Medal and Bronze Star Medal on the same line and is misinterpreted as the Vietnam Service Medal with one bronze service star.  Recent correspondence from the National Personnel Records Center (NPRC), dated 23 July 2010, has run the awards together as they are typed on the same line due to lack of space in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214.  The attached general orders verify his entitlement to these awards.  He would like his DD Form 214 not to be a subjective document and wrongfully interpreted in the future.

3.  He provides:

* orders for the Air Medal, Army Commendation Medal with "V" Device, and Bronze Star Medal
* DD Form 214
* correspondence from NPRC and Veterans Medals Team, Philadelphia, PA


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 10 September 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 5 May 1969 to on or about 11 April 1970 during four campaigns.  He was assigned to Company B, 2nd Battalion, 5th Cavalry, 1st Air Cavalry Division.

4.  General Orders Number 15564 issued by the 1st Cavalry Division (Airmobile) on 8 December 1969 awarded him the Army Commendation Medal with "V" Device for heroism in Vietnam on 7 November 1967.

5.  General Orders Number 5619 issued by the 1st Cavalry Division (Airmobile) on 11 April 1970 awarded him the Bronze Star Medal for meritorious service from 5 May 1969 to 14 April 1970 in Vietnam.

6.  He was honorably released from active duty in pay grade E-5 on 20 April 1970 as an overseas returnee and transferred to the U.S. Army Reserve Control Group.

7.  Item 24 of his DD Form 214 lists the National Defense Service Medal, Vietnam Service Medal, "Bronze Star," Republic of Vietnam Campaign Medal, Army Good Conduct Medal, Combat Infantryman Badge, Air Medal, Army Commendation Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states authorized bronze service stars will be worn on the appropriate service medal, in this case the Vietnam Service Medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit, 2nd Battalion, 5th Cavalry, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service during the period May 1969-February 1970 by Department of the Army General Orders Number 11, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the Bronze Star Medal and Army Commendation Medal with "V" Device.  He was issued a DD Form 214 showing the Vietnam Service Medal, "Bronze Star," Air Medal, and Army Commendation Medal on the same line.  For clarity, he is entitled to correction to his DD Form 214 to show award of the Bronze Star Medal and Army Commendation Medal with "V" Device.

2.  The evidence of record also confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal.

3.  The evidence of record further shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to the addition of these badges to his DD Form 214.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to that unit.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

5.  In view of the foregoing, his records should be corrected as recommended below.


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 is 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 item 24 of the applicant's DD Form 214 the entries, "Vietnam Service Medal," "Bronze Star," and "Army Commendation Medal";

	b.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Commendation Medal with "V" Device, Vietnam Service Medal with four bronze service stars, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	c.  providing him a document to show the above corrections.



      _______ _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)                                         AR20100020629



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ABCMR Record of Proceedings (cont)                                         AR20100020629



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