IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024700 


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 reconsideration of his request for 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 with "V" Device.

2.  The applicant states he was awarded the Bronze Star Medal with "V" Device; however, it was omitted from his DD Form 214.  He adds that the additional evidence he provides supports his claim to the award.

3.  The applicant provides copies of his DD Form 214, Bronze Star Medal orders and certificate, a newspaper article, and webpage printouts.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090008653, on 8 October 2009.

2.  The applicant provides a copy of General Orders Number 13164, issued by Headquarters, 101st Airborne Division, dated 24 October 1969, that was not previously considered by the Board.  Therefore, this is new evidence that warrants consideration by this Board.


3.  The applicant enlisted in the Regular Army on 5 September 1967 for a period of 3 years.  Upon completion of training he was awarded military occupational specialty 13B (Field Artillery Crewman).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he was assigned overseas for duty in Vietnam on 12 May 1969;

	b.  item 38 (Record of Assignments) he was assigned to Battery A,
2nd Battalion, 319th Artillery, from 27 May 1969 through 3 April 1970;

	c.  item 39 (Campaigns) he participated in an [as then] unnamed campaign; and

	d.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* two Overseas Service Bars
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 9 April 1970 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

   a.  He had completed 2 years, 7 months, and 5 days of total active service; and

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the same awards as listed on his DA Form 20.

6.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.


7.  General Orders Number 3878, issued by Headquarters, 101st Airborne Division, dated 7 April 1970, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 5 September 1967 through 11 May 1970.

8.  General Orders Number 13164, issued by Headquarters, 101st Airborne Division, dated 24 October 1969, awarded the applicant the Bronze Star Medal with "V" Device.

9.  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 three campaigns:

* Tet 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)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows the 2nd Battalion, 319th Artillery, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through
2 May 1970 by Department of the Army General Orders Number 48 (1971).

11.  Department of the Army Pamphlet 672-3, paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period
20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal with "V" Device'' for heroism on 9 June 1969.  Therefore, his DD Form 214 should be corrected to show this award.

2.  General orders awarded the applicant the Army Good Conduct Medal
(1st Award) for the period 5 September 1967 to 11 May 1970.  Therefore, his DD Form 214 should be corrected to show this award.
3.  The applicant participated in three campaign phases during his service in Vietnam.  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.

4.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 amendment of the ABCMR's decision in Docket Number AR20090008653, dated 8 October 2009.  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:

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      ___________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)                                         AR20100024700



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ABCMR Record of Proceedings (cont)                                         AR20100024700



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