IN THE CASE OF:
BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110014366
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 with "V" Device and any awards and decorations to which he may be entitled be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded the Bronze Star Medal with "V" Device for heroism on 30 June 1966.
3. The applicant provides:
* DD Form 214
* Undated letter from the Chief, Military Awards Branch, U.S. Army Military Personnel Center in Alexandria, VA
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 applicants 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 applicants 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 28 July 1965. He arrived in Vietnam on 8 February 1966. He served as a medical specialist assigned to Headquarters and Headquarters Company, 2nd Battalion, 18th Infantry in Vietnam from 13 February 1966 to 7 February 1967. On 27 July 1967, he was released from active duty 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:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960))
* Good Conduct Medal (1st Award)
4. There are no orders for the Bronze Star Medal with "V" Device in the available records. However, the applicant provided an undated letter from the Chief, Military Awards Branch, U.S. Army Military Personnel Center which states he was awarded the Bronze Star Medal with "V" Device for heroism on 30 June 1966.
5. Orders, dated 13 July 1966, show he received the Combat Medical Badge.
6. Records show he participated in two campaigns during his assignment in Vietnam.
7. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. This pamphlet shows the 2nd Battalion, 18th Infantry, was cited for award of the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. The undated letter from the Chief, Military Awards Branch, U.S. Army Military Personnel Center which states the applicant was awarded the Bronze Star Medal with "V" Device for heroism on 30 June 1966 is accepted as sufficient evidence on which to base adding the Bronze Star Medal with "V" Device to his DD Form 214.
2. Orders show he received the Combat Medal Badge. His DD Form 214 should be corrected to show this badge.
3. His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. His DD Form 214 should be corrected to show these unit awards.
4. He participated in two campaigns during his service in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars. His DD Form 214 should be corrected to show this award.
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 adding the Bronze Star Medal with "V" Device, Combat Medical Badge, Republic
of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two 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) AR20110014366
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ABCMR Record of Proceedings (cont) AR20110014366
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