BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100021995 


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 (BSM) with "V" Device instead of just the Bronze Star Medal and two awards of the Army Commendation Medal (ARCOM) with "V" Device.

2.  The applicant states these awards were not correctly listed on his
DD Form 214.

3.  The applicant provides "reproductions" of the orders awarding him the two ARCOM's with "V" Device and the BSM 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.  On 8 April 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and he was awarded military occupational specialty (MOS) 11E (Armor Crewman).

3.  Special Orders Number 156, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, dated 4 June 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  On or about 14 February 1969, the applicant departed Fort Knox for duty in the Republic of Vietnam (RVN).  He was assigned to M Troop, 3rd Squadron, 11th Armored Cavalry Regiment on 26 March 1969.

5.  The applicant's record contains a copy of General Orders Number 4162, issued by Headquarters, II Field Force Vietnam, dated 17 November 1969, awarding the applicant the ARCOM with "V" Device for heroism on 28 April 1969.  His record does not contain copies of orders awarding him a second ARCOM with "V" Device or a BSM with "V" Device.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the following conflicting entries:

* Bronze Star "V"  GO 4162 HqIIFFV  17Nov 69
* ACM "V"  GO 4162 HqIIFFV  Nov 69

7.  The general orders provided by the applicant appear to be facsimiles of orders issued by Headquarters, II Field Force Vietnam in 1969 and 1970.

8.  On 18 March 1970, the applicant departed the RVN en route to the United States for separation processing.

9.  On 20 March 1970, the applicant was honorably released from active duty.  He had attained the rank/grade of staff sergeant (SSG)/E-6, and had completed 1 year, 11 months and 13 days of creditable active duty service.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)


* Army Good Conduct Medal
* Bronze Star Medal

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the ARCOM or the BSM pertaining to the applicant.

12.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22, 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 three campaigns:

* Tet 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that during the time of the applicant's assignment to:


* M Troop, 3rd Squadron, 11th Armored Cavalry Regiment, the unit was cited for award of the Valorous Unit Award for the period 19-20 June 1969 by Department of the Army General Orders (DAGO) Number 53, dated 1970
* 3rd Squadron, 11th Armored Cavalry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 through 15 February 1970 by DAGO Number 50, dated 1971
* 3rd Squadron, 11th Armored Cavalry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 30 October 1970 by DAGO Number 55, dated 1971

16.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains a copy of general orders awarding him the ARCOM with "V" Device for his actions on 28 April 1969.  Therefore, his
DD Form 214 should be corrected to show this award.

2.  However, the applicant's record does not contain orders awarding him the BSM with "V" Device or a second ARCOM with "V" Device.  Therefore, there is no basis for granting this portion of his request.

3.  The copies of general orders provided by the applicant are insufficient by themselves as a basis for correcting his military records.  However, should the applicant have, or be able to obtain copies of the original orders awarding him the BSM with "V" Device and/or a second ARCOM with "V" Device, he may submit another application to this Board for consideration.

4.  Records show that the applicant participated in three campaign phases during his service in the RVN.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show these bronze service stars.

5.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The applicant's unit was cited in general orders for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although he is only authorized to wear one of these unit awards, he is entitled to correction of his
DD Form 214 to show both awards.  Therefore, his DD Form 214 should be corrected accordingly.

7.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

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

	b.  adding to item 24 of his DD Form 214 the:

* Army Commendation Medal with "V" Device
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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 replacing the Bronze Star 


Medal with the Bronze Star Medal with "V" Device and adding a second Army Commendation Medal with "V" Device to his DD Form 214.



      __________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)                                         AR20100021995



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ABCMR Record of Proceedings (cont)                                         AR20100021995



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