BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20110003449 


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 award of the Bronze Star Medal.

2.  The applicant states he received the Bronze Star Medal for his service in the Republic of Vietnam but it is not documented on his DD Form 214.

3.  The applicant provides his DD Form 214 and Bronze Star Medal 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 applicant was inducted into the Army of the United States on 18 May 1966.  Upon completion of initial entry training he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was specialist four.

3.  His record contains General Orders Number 277, issued by Headquarters, 1st Infantry Division, dated 13 January 1967, which show he was awarded the Army Commendation Medal with “V” Device for heroism on 8 November 1966.

4.  His record contains General Orders Number 5085, issued by Headquarters, 1st Aviation Brigade, dated 20 October 1967, which show he was awarded the Bronze Star Medal with “V” Device for heroism on 27 May 1967.

5.  His record contains General Orders Number 4973, issued by Headquarters,  25th Infantry Division, dated 19 December 1967, which show he was awarded the Army Commendation Medal with “V” Device (1st Oak Leaf Cluster) [indicating 2nd award] for heroism on 12 July 1967.

6.  The applicant's DD Form 214 shows he served in the Republic of Vietnam for 11 months and 25 days.  His record is void of a DA Form 20 (Enlisted Qualification Record).  The earliest verification date of his service in the Republic of Vietnam is 6 November 1966, which is listed on General Orders Number 1522, issued by Headquarters, 1st Aviation Brigade, dated 9 December 1966, which awarded him the Air Medal.  The latest verification date of his service in the Republic of Vietnam is 12 July 1967, which is listed on General Orders Number 4973, issued by Headquarters, 25th Infantry Division, dated 19 December 1967 which awarded him the Army Commendation Medal with “V” Device (1st Oak Leaf Cluster).

7.  Orders in the applicant’s record show during his tour of duty in the Republic of Vietnam he served with the 116th Aviation Company and the 166th Assault Helicopter Company.

8.  On 17 May 1968, he was released from active duty and was transferred to the U.S. Army Reserve Control Group (Annual Training) and he was honorably discharged on 17 May 1972.  

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal 
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Air Medal (16th Oak Leaf Cluster)
* Marksman Marksmanship Qualification Badge with Rifle Bar

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Department of the Army General Orders  Number 22, dated 1968, awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 26 March 1967.

11.  Department of the Army Pamphlet 672-3 shows Department of the Army General Orders Number 17, dated 1968, awarded his unit a Valorous Unit Award for the period 4 through 20 November 1966.

12.  Department of the Army Pamphlet 672-3 shows Department of the Army General Orders Number 48, dated 1968, awarded his unit a Meritorious Unit Commendation for the period 1 January through 31 December 1967.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive, Phase II
* Vietnam Counteroffensive, Phase III

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his DD Form 214 to show award of the Bronze Star Medal has been carefully considered and is found to have merit.  

2.  Orders show he was awarded the Bronze Star Medal with “V” Device and the Army Commendation Medal with “V” Device (2nd Award).  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, and Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The applicant participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two 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.

BOARD VOTE:

__x_____  ___x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and

	b.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal with “V” Device
* Army Commendation Medal with “V” Device (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation
* Vietnam Service Medal with two bronze service stars



      _______ _ 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)                                         AR20110003449



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ABCMR Record of Proceedings (cont)                                         AR20110003449



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