IN THE CASE OF:	  

		BOARD DATE:	    10 March 2011

		DOCKET NUMBER:  AR20100021545 


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 two awards of the Bronze Star Medal, one with "V" Device.

2.  The applicant states a DD Form 215 (Correction to DD Form 214) deleted one of his Bronze Star Medals.  He states he was awarded two Bronze Star Medals, one with "V" Device.  Both should be noted on his DD Form 214 since they were earned awards.

3.  The applicant provides copies of his DD Form 214; a DD Form 215, dated
7 June 2010; a Bronze Star Medal Certificate (for meritorious service); and General Orders Number 838 awarding him the Bronze Star Medal with "V" Device.

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 was inducted into the Army of the United States on 6 July 1966. He completed training and he was awarded military occupational specialty 91B (medical specialist).

3.  He served in Vietnam with Headquarters and Headquarters Company,
1st Battalion, 5th Infantry Regiment, 25th Infantry Division from 6 January 1967 to 30 December 1967.

4.  General Orders Number 838, issued by Headquarters, 25th Infantry Division, dated 7 March 1967, awarded the applicant the Bronze Star Medal with "V" Device for heroism on 7 February 1967.

5.  General Orders Number 111, issued by the same headquarters, dated
8 January 1968, awarded the applicant the Bronze Star Medal for meritorious service in Vietnam for the period January 1967 through December 1967.

6.  The applicant was honorably released from active duty on 5 July 1968 at the expiration of his term of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Medical Badge
* Bronze Star Medal
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  On 19 April 2010, the applicant submitted a request to correct his DD Form 214 to add the Purple Heart and both of his Bronze Star Medals, especially the one with the "V" Device.  On 7 June 2010, a DD Form 215 was issued to administratively correct his DD Form 214 by deleting the Bronze Star Medal from his DD Form 214 and adding the Purple Heart and the Bronze Star Medal with "V" Device.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to
1st Battalion, 5th Infantry Regiment, it was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 – August 1968 by Department of the Army General Orders Number (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 – 21 January 1970 by DAGO Number 9, dated 1979

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was awarded two Bronze Star Medals, one with "V" Device.  The DD Form 215 incorrectly corrected his DD Form 214 by not showing that the applicant was awarded two Bronze Star Medals.  Therefore, he is entitled to correction of his DD Form 214 to show both Bronze Star Medals.

2.  The applicant participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  The applicant's unit during his assignment in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  To avoid confusion it would be appropriate to the void the previous DD Form 215, delete the current entire entry at item 24 on the DD Form 214, and replace it with the following awards:
* 
Bronze Star Medal (2nd Award) one with "V" Device
* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Medical Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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.  voiding the previously issued DD Form 215, dated 7 June 2010; 

	d.  deleting the current entire entry at item 24 of his DD Form 214; and

	c.  replacing item 24 of his DD Form 214 with the following list of awards:

* Bronze Star Medal (2nd Award) one with "V" Device
* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Medical Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)



      ___________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)                                         AR20100021545



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ABCMR Record of Proceedings (cont)                                         AR20100021545



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