IN THE CASE OF:	  

		BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110018262 


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 (BSM) and the Army Commendation Medal (ARCOM) with "V" Device.

2.  The applicant states the awards were for his service in the Republic of Vietnam (RVN); however, he did not receive the awards until after he was separated from active duty.

3.  The applicant provides his DD Form 214, BSM Certificate and Citation, and his ARCOM Certificate for heroism.

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 appointed as a U.S. Army Reserve (USAR) commissioned officer on 5 June 1966 and ordered to active duty on 14 January 1967.  He was initially awarded specialty 1543 (Infantry Heavy Mortar Unit Commander).

3.  The applicant's DA Form 66 (Officer Qualification Record) shows in:

	a.  item 17 (Foreign Service) he served in:

* Korea from 24 July through 9 December 1967
* Vietnam from 9 January 1968 to 2 January 1969

	b.  item 18 (Record of Assignments) he was assigned to:

* Company B, 3rd Battalion, 32nd Infantry, 7th Infantry Division, in Korea from 27 July through 9 December 1967
* Company A, 1st Battalion, 327th Infantry, 101st Airborne Division, in Vietnam from 28 January through 30 December 1968

	c.  item 21 (Awards and Decorations) the:

* National Defense Service Medal
* Ranger Tab
* Parachutist Badge
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Silver Star
* ARCOM
* Purple Heart (1st Oak Leaf Cluster)
* Air Medal
* 2 Overseas Service Bars
* Armed Forces Expeditionary Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

4.  Headquarters, 101st Airborne Division, issued:

	a.  General Orders Number 5491, dated 6 September 1968, awarding the applicant the ARCOM for meritorious achievement in the RVN from 1 March to 31 July 1968; and

	b.  General Orders Number 4105, dated 3 May 1969, awarding the applicant the ARCOM with "V" Device for heroism in the RVN on 10 December 1968.
5.  On 7 January 1969 he was honorably released from active duty at the expiration of his active duty commitment and he was reverted to the USAR Control Group (Annual Training) to complete his Reserve obligation.  The
DD Form 214 he was issued at the time shows he completed 1 year, 11 months, and 24 days of total active service that included 1 year, 4 months, and 10 days of foreign service.  It further shows he was awarded the:

* Silver Star
* Air Medal
* National Defense Service Medal
* Ranger Tab
* Parachutist Badge
* Purple Heart (1st Oak Leaf Cluster)
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* ARCOM
* Armed Forces Expeditionary Medal
* three Overseas Service Bars

6.  A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized, or awarded the Bronze Star Medal.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

8.  In support of his application, the applicant provides:

	a.  A DA Form 4980-5 (BSM Certificate), dated 7 January 1969, and citation that indicates the applicant was awarded the BSM for meritorious service in the RVN from 1 April to 30 November 1968.

	b.  A DA Form 4980-14 (ARCOM Certificate), dated 3 May 1969, that shows the applicant was awarded the ARCOM for heroism in the RVN on 10 December 1968.

9.  A review of the applicant's military personnel records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

10.  Special Orders Number 67, issued by Headquarters, U.S. Army Infantry School, Fort Benning, GA, dated 20 March 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states:

	a.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy.  The bronze "V" device is authorized for wear on certain decorations, among which is the Army Commendation Medal.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Company A, 1st Battalion (Airborne), 327th Infantry, the battalion was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971

13.  Army Regulation 600-8-22, paragraph 3-14, provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Bronze Star Medal and Army Commendation Medal with "V" Device.

2.  The applicant's claim to the Bronze Star Medal was carefully considered.  The sincerity of the applicant's claim is not in question; however, despite the fact that the applicant provides a copy of a Bronze Star Medal certificate and citation, there are no orders or any other Army record that supports his award of the Bronze Star Medal.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

3.  General orders awarded the applicant two awards of the Army Commendation Medal, one with "V" Device, that are not properly shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected accordingly.

4.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

5.  The applicant served during a qualifying period of service in Korea for the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The applicant participated in five campaigns in Vietnam.  Therefore, he is entitled to 1 silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this silver service star.

7.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service.  Therefore, his 
DD Form 214 should be correct to show these unit awards.



BOARD VOTE:

____X____  ________  ________  GRANT FULL RELIEF 

________  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  Deleting from his DD Form 214 the Army Commendation Medal and the Vietnam Service Medal, and

	b.  adding to his DD Form 214 the:

* Army Commendation Medal (2nd Award) and with "V" Device
* Vietnam Service Medal with one silver service star
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar

2.  The Board further determined that 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 adding the Bronze Star Medal to his DD Form 214.



      __________XXX_________
               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)                                         AR20110018262



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ABCMR Record of Proceedings (cont)                                         AR20110018262



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