IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001935 


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 record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM) (2nd Award) and his grade as sergeant (SGT)/E-5 in two separate applications,

2.  The applicant states his DD Form 214 should include both of the BSM's he earned and the rank on his DD Form 214 should be SGT/E-5, not specialist four (SP4)/E-4 as is currently shown.

3.  The applicant provides BSM orders, a photograph of a uniform blouse with SGT/E-5 rank insignia, and a newspaper article in support of his applications.

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 record shows the applicant was inducted into the Army on 15 January 1969.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 15 June 1969 through 14 August 1970.  Item 33 (Appointments and Reductions) shows he was promoted to the rank of SP4/E-4 on 19 October 1969 and this is the highest rank he attained while serving on active duty.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his RVN tour of duty the applicant was assigned to Company A, 3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade, performing duties in MOS 11B as a rifleman and team leader.

5.  Item 41 (Awards and Decorations) of his DA Form 20 contains entries for the BSM with "V" Device and for the BSM with 1st Oak Leaf Cluster (2nd Award) and lists the Headquarters, Americal Division, General Orders (GO) 272, dated 7 January 1969, and GO 8723, dated 10 July 1970, in which these awards were announced and authorized.

6.  The applicant's military personnel records jacket (MPRJ) contains the following three Headquarters, Americal Division, GO's awarding the applicant the BSM for the reasons and periods indicated:

* GO 10590, dated 15 October 1969, BSM with "V" Device for heroism in the RVN on 13 August 1969 
* GO 272, dated 7 January 1970, BSM with "V" Device for heroism in the RVN on 10 November 1969
* GO 8723, dated 17 July 1970, BSM for meritorious service during the period 1 August 1969-1 August 1970

7.  The MPRJ is void of any orders or other documents indicating the applicant was ever recommended for or promoted to the rank of SGT/E-5 while serving on active duty.

8.  On 17 August 1970, the applicant was honorably released from active duty after completing 1 year, 7 months, and 3 days of active military service.  The DD Form 214 he was issued lists his rank and pay grade as SP4/E-4 in items 5a (Rank) and 5b (Pay Grade).

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the following awards he earned during his active duty tenure:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal
* Combat Infantryman Badge
* Army Commendation Medal
* BSM
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

10.  The applicant's MPRJ also contains the orders discharging him from the U.S. Army Reserve (USAR) on 1 January 1975.  These orders list his rank and pay grade as SP4/E-4 in the standard name line.

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance for the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following four campaigns:

* Vietnam Summer-Fall 1969 (9 June- 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970 
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his assignment tenure, the applicant's unit (3rd Battalion, 1st Infantry Regiment) was awarded the Valorous Unit Award (VUA) for the period 11-31 August 1969 by Department of the Army (DA) GO 43, dated 1972, and RVN Gallantry Cross with Palm Unit Citation for the period 24 August-31 December 1969 in DAGO 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add a second award of the BSM to his DD Form 214 has been carefully considered and is found to have merit.

2.  The evidence of record confirms the applicant was awarded the BSM with "V" Device on two separate occasions and that these awards were authorized and announced in official orders.  It also shows he was awarded the BSM for meritorious service which was also authorized and announced in official orders.  The authorizing orders for these awards remain on file in the applicant's MPRJ; therefore, it would be appropriate to delete the current BSM entry in item 24 of his DD Form 214 and replace it with the entry "BSM with "V" Device with 2nd Oak Leaf Cluster.

3.  The evidence of record also shows that based on his RVN service and campaign participation, the applicant is entitled to the VUA, RVN Gallantry Cross with Palm Unit Citation, and four bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.

4.  The applicant's request to change the rank and pay grade listed on his DD Form 214 to SGT/E-5 has also been carefully considered.  However, there is insufficient evidence to support this claim.

5.  The evidence of record confirms the applicant was promoted to SP4/E-4 on 19 October 1969 and this is the highest rank he attained and held while serving on active duty.  This is evidenced by an entry in item 33 of his DA Form 20 and by orders and documents on file in his MPRJ, including his final USAR discharge orders which list his rank and pay grade as SP4/E-4.

6.  Absent any evidence of record to corroborate the applicant's claim that his rank and pay grade was SGT/E-5, the photograph he provided of his uniform blouse with SGT/E-5 rank insignia and the newspaper article regarding his promotion to SGT/E-5 are not sufficiently compelling to support granting this portion of the requested relief.

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 item 24 of his DD Form 214 as follows:

	a.  deleting the current BSM entry and replacing it with the entry "Bronze Star Medal with "V" Device with 2nd Oak Leaf Cluster,"

	b.  deleting the current VSM entry and replacing it with the entry "Vietnam Service Medal with four bronze service stars," and

	c.  adding the VUA and RVN Gallantry Cross with Palm Unit Citation.

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 changing the rank and pay grade shown on his DD Form 214 to sergeant/E-5.



      _________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)                                         AR20110001935



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ABCMR Record of Proceedings (cont)                                         AR20110001935



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