IN THE CASE OF:	  

		BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100027003 


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 pay grade as E-5 and to show award of the Bronze Star Medal (2nd Oak Leaf Cluster) and "V" Device.

2.  The applicant states "the uniform the Army gave him to come home [from Vietnam] in had the Bronze Star Medal with two oak leaf clusters and "V" Device."

3.  The applicant provides:

* DD Form 214
* DA Form 1811 (Physical and Mental Status on Release from Active Duty)
* DD Form 827 (Application for Arrears in Pay)
* four special orders

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.  The applicant's records show he was inducted into the Army of the United States on 4 October 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 16 September 1968 to 6 September 1969 while assigned to 1st Battalion, 5th Cavalry, 1st Cavalry Division.

3.  Headquarters, U.S. Army Infantry School, Special Orders Number 10, dated 11 June 1968, promoted him to the temporary (T) rank/grade of sergeant (SGT)/
E-5.

4.  His records contain the following general orders (GO) issued by Headquarters, 1st Cavalry Division:

	a.  GO Number 421, dated 9 January 1969, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 20 November 1968.  His rank is shown as SGT.

	b.  GO Number 3503, dated 22 March 1969, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam.  His rank is shown as SGT.

	c.  GO Number 9656, dated 9 August 1969, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in Vietnam for the period September 1968 to September 1969.  His rank is shown as SGT.

5.  Headquarters, U.S. Army Personnel Center-Oakland, Special Orders Number 251, dated 8 September 1969, released him from active duty.  His rank/grade is shown as SGT/E-5.

6.  He was honorably released from active duty on 8 September 1969 in the rank/grade of SGT/E-5 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed 1 year, 10 months, and 5 days of creditable active service.

7.  The DD Form 214 he was issued shows the following entries:

* item 5a (Grade, Rate or Rank) – "SGT (T)"


* item 5b (Pay Grade) – "E-4"
* item 6 (Date of Rank) – "11 June 1969"

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Vietnam Service Medal, Army Good Conduct Medal (1st Award), Vietnam Campaign Medal, and the Bronze Star Medal.

9.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), 1st Class Gunner [Sharpshooter] Marksmanship Qualification Badge with Rifle Bar (M-16), and 1st Class Gunner [Sharpshooter] Marksmanship Qualification Badge with Machine Gun Bar (M-60).

10.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.  A second oak leaf cluster would denote a third award.

11.  A review of his records indicates entitlement to additional awards.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to 1st Battalion, 5th Cavalry, 1st Cavalry Division, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969, by Department of the Army GO (DAGO) Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was promoted to the rank/
grade of SGT (T)/E-5 on 11 June 1968 and he held this rank/grade at the time of his discharge.  Therefore, he is entitled to correction of his DD Form 214 to show his correct grade and date of rank.

2.  General orders awarded him the Bronze Star Medal with "V" Device and the Bronze Star Medal; however, only the Bronze Star Medal is shown on his DD Form 214.  Therefore he is entitled to correction of his DD Form 214 to show both of these awards.

3.  General orders awarded him the Air Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The applicant participated in three campaigns while serving 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.

5.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these badges.

7.  With respect to the correction of his records to show award of the Bronze Star Medal with two oak leaf clusters, the evidence of record shows only one award of the Bronze Star Medal and one award of the Bronze Star Medal with "V" Device (two total awards).  Therefore, he is not entitled to correction of his records to show the Bronze Star Medal (2nd Oak Leaf Cluster) and "V" Device.



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 amending his DD Form 214 as follows:

	a.  deleting from item 5b the entry "E-4" and replacing it with "E-5";

	b.  deleting from item 6 the entry "11 June 1969" and replacing it with "11 June 1968";

	c.  deleting from item 24 the Bronze Star Medal and the Vietnam Service Medal; and

	d.  adding to item 24 the:

* Bronze Star Medal (2nd Award) and with "V" Device
* Air Medal
* 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
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

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 correction of the applicant's DD Form 214 to show award of the Bronze Star Medal (2nd Oak Leaf Cluster) with "V" Device.



      __________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)                                         AR20100027003



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ABCMR Record of Proceedings (cont)                                         AR20100027003



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