IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100025164
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:
* His service in Germany
* Addition of a "V" Device to his Bronze Star Medal
2. The applicant states his DD Form 214 should read award of the Bronze Star Medal with "V" Device. He also states he served in Germany.
3. The applicant provides:
* his DD Form 214
* a DD Form 215 (Correction to DD Form 214)
* orders, citation, and certificate for award of 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 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's military records are not available to the Board for review. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he enlisted in the Regular Army on
4 August 1965 for a period of 4 years. At the time of his separation, he held military occupational specialty 83D (Process Photographer).
4. His DD Form 214 shows he completed 2 months and 28 days of foreign service in USARV [U.S. Army Vietnam]. He appears to have been assigned to Company C, 3rd Battalion, 12th Infantry, 4th Infantry Division.
5. General Orders Number 71, issued by Headquarters, 4th Infantry Division, dated 4 January 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 12 November 1967, while serving as a weapons squad leader.
6. He was honorably released from active duty on 2 October 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Standby) to complete his remaining Reserve obligation.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as corrected by a DD Form 215, dated 1 March 2001, shows the:
* Bronze Star Medal
* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. From 1951 to 1962, item 24 of the DD Form 214 in effect at the time showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214. During the Vietnam War, item 22c of the DD Form 214, then in effect, showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., (USAREUR [U.S. Army Europe] or USARV).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 12 November 1967, while serving as a weapons squad leader. It appears when his DD Form 215 was processed it inadvertently omitted the "V" Device on the Bronze Star Medal. Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device.
2. With respect to his service in Germany, there is insufficient evidence to confirm this service. The available evidence shows his last period of foreign service have been in Vietnam and, as such, his DD Form 214 correctly shows the last overseas theater as USARV.
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 deleting from item 24 of his DD Form 214 the Bronze Star Medal and replacing it with the Bronze Star Medal with "V" Device.
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 his foreign service in Germany.
___________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) AR20100025164
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ABCMR Record of Proceedings (cont) AR20100025164
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