IN THE CASE OF:	  

		BOARD DATE:	  18 April 2012

		DOCKET NUMBER:  AR20110020143 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his authorized awards.

2.  The applicant states several awards were not included on his DD Form 214, including the Silver Star.

3.  The applicant provides:

* Special Orders Number 62, issued by Headquarters, 9th Infantry Division, dated 3 March 1969, awarding him the Combat Infantryman Badge
* General Orders Number 2853, issued by the same headquarters, dated 10 March 1969 awarding him the Air Medal and corresponding certificate
* General Orders Number 3803, issued by the same headquarters, dated 29 March 1969, awarding him the Army Commendation Medal with "V" Device and accompanying certificate
* General Orders Number 158, issued by the same headquarters, dated
5 January 1969, awarding him the Silver Star
* General Orders Number 3866, issued by the same headquarters, dated 31 March 1969, awarding him the Bronze Star Medal with "V" Device
* General Orders Number 5159, issued by the same headquarters, dated
1 May 1969, awarding him the Bronze Star Medal and accompanying certificate and citation


* Documentation authorizing him to accept and wear an individual award of the Republic of Vietnam Gallantry Cross with Bronze Star

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
12 December 1967.  He arrived in Vietnam on 21 May 1968.  He served as a light weapons infantryman assigned to Company E, 2nd Battalion, 60th Infantry, 9th Infantry Division in Vietnam from 28 May 1968 to 20 May 1969.  On 
12 September 1969, he was honorably released from active duty to attend school and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

3.  The DD Form 214 he was issued at the time shows his awards as the:

* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

4.  General orders, dated 5 January 1969, awarded him the Silver Star for gallantry in action in Vietnam on 26 October 1968.

5.  General Orders Number 1449, issued by Headquarters, 9th Infantry Division, dated 9 February 1969, awarded him the Army Commendation Medal for outstanding achievement in Vietnam during the period June 1968 to January 1969.


6.  General orders, dated 10 March 1969, awarded him the Air Medal for meritorious achievement in Vietnam during the period 21 April to 15 October 1968.

7.  General orders, dated 29 March 1969, awarded him the Army Commendation Medal with "V" Device for heroism in Vietnam on 1 February 1969.

8.  General orders, dated 31 March 1969, awarded him the Bronze Star Medal with "V" Device for heroism in Vietnam on 13 December 1968.

9.  General orders, dated 1 May 1969, awarded him the Bronze Star Medal for meritorious service in Vietnam during the period May 1968 to March 1969.

10.  A letter issued by Headquarters, U.S. Army Vietnam, subject:  Authorization for Individual Foreign Award, dated 26 July 1969, with enclosures, authorized the applicant to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star that was presented to him by the Government of the Republic of Vietnam.  Since the applicant departed Vietnam on or about 20 May 1969, by letter dated 10 September 1969 these documents were forwarded to him at Fort Bragg, NC by the Office of The Adjutant General, Washington, D.C.

11.  Army Regulation 600-8-22, 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 four campaigns:

* 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)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)

12.  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 the 2nd Battalion, 60th Infantry, was cited for award of the:

* Presidential Unit Citation for the period 7 March through 22 June 1968 by Department of the Army General Orders (DAGO) Number 60, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by DAGO Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO 59, dated 1969

13.  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.

14.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal and the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the Silver Star and the Air Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  Orders awarded him two Bronze Star Medal, one with "V" Device.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  Orders awarded him two awards of the Army Commendation Medal, one with "V" Device.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  Official documents authorized the applicant to accept and wear an individual award of the Republic of Vietnam Gallantry Cross with Bronze Star.  Therefore, his DD Form 214 should be corrected to show this individual foreign award.

5.  He participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

6.  His unit was cited for award of the Presidential Unit Citation, two awards 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 assignment.  Therefore, his DD Form 214 should be corrected to show these 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 from his DD Form 214 the:

* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal

	b.  adding to his DD Form 214 the:

* Silver Star
* Bronze Star Medal (2nd Award) and with "V" Device
* Air Medal
* Army Commendation Medal (2nd Award) and with "V" Device
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Bronze Star
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      ___________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)                                         AR20110020143



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ABCMR Record of Proceedings (cont)                                         AR20110020143



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