IN THE CASE OF:	  

		BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110011774 


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 be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states he received the above award but it is not listed on his 
DD Form 214.

3.  The applicant provides an award certificate for the Bronze Star Medal.

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 24 February 1969.  He arrived in Vietnam on 25 July 1969.  He served as a medical corpsman assigned to Headquarters and Headquarters Troop, 3rd Squadron, 11th Armored Cavalry Regiment in Vietnam from 31 July 1969 to 24 July 1970.  He was released from active duty on 23 February 1971 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:

* Good Conduct Medal
* Vietnam Service Medal
* Army Commendation Medal
* National Defense Service Medal
* One Overseas Bar

4.  Orders, dated 14 January 1970, show he received the Combat Medical Badge.

5.  There are no orders for the Army Commendation Medal in the available records.  However, orders, dated 28 May 1970, show he received the Army Commendation Medal with "V" Device for heroism on 26 November 1969 in Vietnam. 

6.  Orders, dated 2 July 1970, show he received the Bronze Star Medal. 

7.  Records show he participated in four campaigns during his assignment in Vietnam.

8.  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 11th Armored Cavalry, was cited for the following awards at the time of his assignment:

* Valorous Unit Award for actions during the period 1 May to 29 June 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 to 15 February 1970 by DAGO Number 50, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1970 to 30 October 1970 by DAGO Number 55, dated 1971

9.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

10.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

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

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the Bronze Star Medal and Combat Medical Badge and his DD Form 214 should be corrected to show these awards. 

2.  His DD Form 214 shows the Army Commendation Medal as an authorized award but orders show he received the Army Commendation Medal with "V" Device.  His DD Form 214 should be corrected to show the Army Commendation Medal with "V" Device.    

3.  Based on the applicant's service in Vietnam, he is eligible for the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be corrected to show this medal.

4.  He participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show these awards.

5.  His unit was cited for award of the Valorous Unit Award while he was assigned to the unit.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  His unit was cited for two separate awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both unit awards.

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 the entry "ARMY COMMENDATION MEDAL" in item 24 of his 
DD Form 214; and 

	b.  adding the Bronze Star Medal, Army Commendation Medal with "V" Device, Combat Medical Badge, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal in item 24 of his DD Form 214. 



      _______ _   __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)                                         AR20110011774



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ABCMR Record of Proceedings (cont)                                         AR20110011774



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