IN THE CASE OF:	  

		BOARD DATE:  5 July 2012

		DOCKET NUMBER:  AR20120000637 


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) with "V" Device.

2.  The applicant states he served his country in combat.  He was told the award and the medal would follow him to his civilian address when he processed through the battalion headquarters for return to the United States.

3.  The applicant provides his DD Form 214 and refers to a Department of Veterans Affairs claim number in support of his application.

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 record shows the applicant initially entered active duty in an enlisted status on 5 April 1964.  He served for 1 year, 6 months, and 23 days until 25 October 1965, at which time he was honorably discharged to accept a commission.  The DD Form 214 he was issued for this period of enlisted service shows he was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar and Army Good Conduct Medal.

3.  On 26 October 1965, the applicant was appointed as a second lieutenant in the U.S. Army Reserve with concurrent call to active duty.  His DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam (RVN) from 29 November 1966 through 16 October 1967 and he was assigned to Headquarters and Headquarters Battery (HHB), 5th Battalion, 27th Artillery, during this period.  The BSM with "V" Device is not included in the list of awards entered in item 21 (Awards and Decorations) of his DA Form 66.

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains I Field Force Vietnam General Orders Number 803, dated 12 October 1967, which awarded the applicant the BSM for meritorious service in the RVN between December 1966 and October 1967.

5.  On 18 October 1967, the applicant was honorably released from active duty after completing a total of 1 year, 11 months, and 23 days during the period under review and a total of 3 years, 6 months, and 16 days of active military service.  His DD Form 214 for the period ending 18 October 1967 lists the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance for the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968) campaigns.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his assignment tenure, the applicant's unit (5th Battalion, 27th Artillery) was cited for the RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by Department of the Army General Orders Number 54, dated 1974.

8.  Army Regulation 635-5 (Separation Documents) prescribes policy for preparation of the DD Form 214.  The version of the regulation in effect at the time of the applicant's separation provided for entering only awards earned during the period covered by the DD Form 214.  The current version of the regulation provides for entering all awards earned during military service on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Bronze Star Medal (BSM) with "V" Device has been carefully considered and found to have partial merit.

2.  His record contains orders confirming he was awarded the BSM for meritorious service in the RVN.  Therefore, it would be appropriate to add the BSM to the applicant's DD Form 214.

3.  There is no evidence of record and he provided no evidence to show he was awarded a BSM for valor.  Therefore, it would not be appropriate to add the BSM with "V" Device to the applicant's DD Form 214.

4.  The record further shows that based on the applicant's RVN service and campaign participation, he is also authorized award of the RVN Gallantry Cross with Palm Unit Citation and two bronze service stars with his already-awarded VSM.  As a result, it would be appropriate to add these awards to his DD Form 214.

5.  Current regulatory guidance provides for entering all awards earned during military service on the DD Form 214.  Therefore, it would serve the interest of equity to add the Army Good Conduct Medal and Marksman Marksmanship Qualification Badge with Rifle Bar to his DD Form 214 for the period ending 18 October 1967.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X ___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 deleting the VSM for his DD Form 214 for the period ending 18 October 1967 and replacing it with the VSM with two bronze service stars and adding the BSM, Army Good Conduct Medal, RVN Gallantry Cross with Palm Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bar.

2.  The Board further determined 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 BSM with "V" Device to 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)                                         AR20120000637



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ABCMR Record of Proceedings (cont)                                         AR20120000637



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