IN THE CASE OF:	

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100028409


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Bronze Star Medal with "V" Device and correction of his service number on the orders.  He also requests issuance of the "V" Device. 
 
2.  The applicant states, in effect, that the Bronze Star Medal with "V" Device orders and certificate contain an incorrect service number.  He thinks this may be the reason the medal was not recorded on his DD Form 214. 

3.  The applicant provides copies of his DD Form 214 and the Bronze Star Medal with "V" Device orders and certificate.
 
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 available records show the applicant was inducted into the Army of the United States on 12 June 1967.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DD Form 47 (Record of Induction) shows his service number in item 5 as ####8###.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) that he was assigned to Company C, 1st Battalion, 11th Infantry in Vietnam from 25 July 1968 until on or about 31 May 1969.  All conduct and efficiency ratings are listed as "excellent" except the entry effective 11 through 28 March 1968 which is "Unk," and

	b.  item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, an unknown level Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device 1960, and one Overseas Service Bar.

5.  His DD Form 214 shows he was honorably released from active duty on 
4 June 1969 as a sergeant/E-5.  He had completed 1 year, 11 months, and 23 days of total active service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and two Overseas Service Bars.

6.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  The applicant's records contain the following:

     a.  General Orders Number 790, Headquarters, XXIV Corps, dated 24 June 1969, which award him the Bronze Star Medal (1st Oak Leaf Cluster) for the period July 1968 to June 1969.

     b.  General Orders Number 856, Headquarters, XXIV Corps, dated 2 July 1969, which award him the Army Commendation Medal for the period 23 July 1968 to 22 December 1968.

8.  The applicant provides General Orders Number 580, Headquarters, XXIV Corps, dated 1 June 1969, which award him the Bronze Star Medal with "V" Device for action on 28 March 1969.  The service number shown on these orders is ####0###.  This is not his service number, but the listed social security number is his.

9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B shows that based on the applicant's dates of service in Vietnam he participated in the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and the Tet 69/Counteroffensive campaign periods.
	
11.  Department of the Army General Orders Number 43, dated 1970, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the unit he was assigned to in Vietnam.  

DISCUSSION AND CONCLUSIONS:

1.  The general orders awarding him the Bronze Star Medal with "V" Device show the wrong service number.  His service number should be corrected.

2.  General orders award him the Bronze Star Medal with (1st Oak Leaf Cluster), Bronze Star Medal with "V" Device, and the Army Commendation Medal.  

3.  The available evidence clearly shows that he distinguished himself in the performance of his military service as evidenced by promotion to sergeant and all "excellent" conduct and efficiency ratings with the exception of two 
nondisqualifying "Unk" entries.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

4.  The available record reflects he participated in three designated campaigns during his service in the Republic of Vietnam; therefore, he is authorized three bronze service stars to be worn on his Vietnam Service Medal.

5.  His unit was awarded the Republic of Vietnam Cross of Gallantry with Palm Unit Citation.

6.  His DD Form 214 should be corrected to show these awards.

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 a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing his service number as ####8### on his Bronze Star Medal with "V" Device orders,

     b.  awarding him the Army Good Conduct Medal (1st Award) for the period
12 June 1967 to 4 June 1969;

     c.  deleting the Vietnam Service Medal from item 24 of his DD Form 214;

     d.  adding the Bronze Star Medal with "V" Device and with 1st Oak Leaf Cluster, Army Commendation Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214; and






	e.  issuing to him the "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)                                         AR20100000026



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ABCMR Record of Proceedings (cont)                                         AR20100028409



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