IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100022219
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 (Report of Transfer or Discharge) to show:
* the Bronze Star Medal with First Oak Leaf Cluster with "V" Device
* the Vietnam Service Medal and three bronze service stars as separate awards
2. The applicant states:
* He wants his DD Form 214 corrected to reflect his proper medals
* He received the Bronze Star Medal and the Bronze Star Medal with "V" Device
* It was a typo on his DD Form 214
* His DD Form 214 shows he received the Vietnam Service Medal with three bronze service stars but he contends this should be corrected to reflect two separate awards since he received the Vietnam Service Medal and the bronze stars separately
3. The applicant provides his DD Form 214 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 applicants 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 applicants 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
23 November 1966. He served as a light weapons infantryman assigned to Company A, 1st Battalion, 18th Infantry of the 1st Infantry Division in Vietnam from 27 May 1967 to 5 May 1968. On 27 November 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. 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 with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Purple Heart, Marksman Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.
4. Orders, dated 12 October 1968, show he received the Bronze Star Medal with First Oak Leaf Cluster with "V" Device for heroism on 21 March 1968 in Vietnam.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 18th Infantry, was awarded the Valorous Unit Award for actions during the period 6 October 1967 to
10 December 1967 based on Department of the Army General Orders (DAGO) Number 32, dated 1973.
6. Department of the Army Pamphlet 672-3 shows the 1st Battalion, 18th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 21, dated 1969.
7. Department of the Army Pamphlet 672-3 also shows the 1st Battalion, 18th Infantry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 53, dated 1970.
8. Paragraph 6-8 of Army Regulation 600-8-22 (Military Awards) states service stars are worn on the appropriate campaign and service medals. The regulation also states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. Orders show he received the Bronze Star Medal with First Oak Leaf Cluster with "V" Device. His DD Form 214 should be corrected to show this medal.
2. His request to correct his DD Form 214 to show the Vietnam Service Medal and three bronze service stars as separate awards was noted. However, the governing awards regulation states service stars are worn on the appropriate campaign and service medals. They are not an award by themselves and are properly linked with the appropriate campaign or service medal. Therefore, the Vietnam Service Medal with three bronze service stars is properly shown on his DD Form 214.
3. His unit was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. His DD Form 214 should be corrected to show these unit awards.
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 adding the Bronze Star Medal with First Oak Leaf Cluster with "V" Device, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214.
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 correcting his DD Form 214 to show the Vietnam Service Medal and three bronze service stars as separate awards.
_______ _ _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) AR20100022219
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ABCMR Record of Proceedings (cont) AR20100022219
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