BOARD DATE:	  18 February 2011

		DOCKET NUMBER:  AR20100020701 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Bronze Star Medal with “V” Device (Third Oak Leaf Cluster).

2.  The applicant states the Bronze Star Medal with “V” Device (Third Oak Leaf Cluster) was omitted from his DD Form 214.

3.  The applicant provides copies of the following documents:

* General Orders Number 328, dated 2 March 1967, awarding him the Bronze Star Medal with "V" Device
* General Orders Number 341, dated 2 March 1967, awarding him the Bronze Star Medal with “V” Device (First Oak Leaf Cluster)
* General Orders Number 670, dated 21 April 1967, awarding him the Bronze Star Medal with “V” Device (Second Oak Leaf Cluster)
* General Orders Number 723, dated 5 May 1967, awarding him the Bronze Star Medal (Third 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.  With prior enlisted Regular Army service, the applicant accepted an appointment as a Reserve commissioned officer on 19 April 1965 in the rank of second lieutenant (O-1).

3.  He was transferred to Vietnam on 17 May 1966 and he was assigned to Company B, 1st Battalion (Airborne), 327th Infantry Regiment, 101st Airborne Division.  He participated in the following two campaigns:

* Vietnamese Counteroffensive Campaign, which extended from 25 December 1965 through 30 June 1966
* Vietnamese Counteroffensive Phase II Campaign, which extended from 1 July 1966 through 31 May 1967

4.  The applicant was promoted to first lieutenant (O-2) on 1 August 1966.  He departed Vietnam en-route to the U.S. on 26 March 1967.

5.  The applicant was released from active duty on 27 March 1967.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* Parachutist Badge
* Vietnam Service Medal
* National Defense Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge

6.  The applicant’s DA Form 66 (Officer Qualification Record) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars.


7.  The applicant submits copies of Headquarters, 1st Brigade, 101st Airborne Division General Orders Numbers 328, 341, 607, and 723 showing he was awarded the Bronze Star Medal with “V” Device, the Bronze Star Medal with “V” Device (First Oak Leaf Cluster), the Bronze Star Medal with “V” Device (Second Oak Leaf Cluster), and the Bronze Star Medal (Third Oak Leaf Cluster).

8.    Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

9.  Army Regulation 600-8-22 provides for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960). This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was awarded the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) for the period 2 June 1966 through 20 June 1966 in Department of the Army General Orders (DAGO) Number 59, dated 1968. 

11.  Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned was awarded the Valorous Unit Award for the period 17 January 1966 through 25 March 1966 in DAGO Number 17, dated 1968. 

12.  Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned was awarded the Meritorious Unit Commendation for the period 29 July 1965 through 1 October 1966 in DAGO Number 17, dated 1968.

13.  Department of the Army Pamphlet 672-3 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 1 July 1966 to 31 July 1966 and        9 December 1966 to 18 January 1967 by DAGO Number 21, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  The documents he submitted have been considered.


2.  The available evidence does show he was awarded the Bronze Star Medal with “V” Device (Third Oak Leaf Cluster) and it should be included on his 
DD Form 214.

3.  The following awards should also be added to the applicant's DD Form 214:

* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (Second Award)
* Republic of Vietnam Campaign Medal with Device (1960) (in lieu of the Vietnam Campaign Medal now listed)
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal

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:

   a.  deleting the Vietnam Campaign Medal from his DD Form 214 dated 
27 March 1967; and 

	b.  adding the following awards to his DD Form 214 dated 27 March 1967:

* Bronze Star Medal with “V” Device (Third Oak Leaf Cluster)
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (Second Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* two 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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100020701



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