BOARD DATE:	  12 July 2011

		DOCKET NUMBER:  AR20100025443 


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 the Bronze Star Medal with "V" Device and a certificate of appreciation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests all awards and decorations to which he may be entitled.

2.  The applicant states:

* he was awarded the Bronze Star Medal for heroism and it is not listed on his DD Form 214
* he also received a commendation from the 23rd Infantry Division

3.  The applicant provides:

* DD Form 214
* orders for the Bronze Star Medal with "V" Device
* certificate of appreciation

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.  He was inducted into the Army of the United States on 26 July 1966.  He arrived in Vietnam on 20 June 1967.  He served as a military policeman assigned to the 218th Military Police Company in Vietnam from 23 June 1967 to 19 June 1968.  On 20 June 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, Army Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (196), two overseas service bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  General Orders Number 454, dated 29 June 1968, show he was awarded the Bronze Star Medal with "V" Device for heroism on 1 February 1968 in Vietnam.

5.  He provided a 23rd Infantry Division certificate of appreciation for his service while a member of the Military Assistance Command-Vietnam from 18 June 1967 to 7 March 1968.

6.  Records show he participated in three campaigns during his assignment in Vietnam.

7.  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 that at the time of his assignment the applicant's unit was awarded the Meritorious Unit Commendation for actions during the period 1 May 1967 to 30 April 1968 based on Department of the Army General Orders (DAGO) 55, dated 1968.

8.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that only decorations, medals, and ribbons are listed on the DD Form 214.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  General orders show he received the Bronze Star Medal with "V" Device.  His DD Form 214 should be corrected to show this medal.

2.  The governing regulation states that certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.  Therefore, there is no basis for granting his request to show the certificate of appreciation on his DD Form 214.

3.  He participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show this award.

4.  His unit was cited for award of the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 "V" Device, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.

2.  The Board further determined 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 amending his DD Form 214 to show a certificate of appreciation.



      ___________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)                                         AR20100025443



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ABCMR Record of Proceedings (cont)                                         AR20100025443



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