IN THE CASE OF:	  

		BOARD DATE:	  26 July 2012

		DOCKET NUMBER:  AR20120001251 


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 he was awarded the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) and the Air Medal. 

2.  The applicant states one page of his orders was lost while being hand carried from the Republic of Vietnam to the United States.  He believes he is authorized a second Bronze Star Medal with "V" Device.

3.  The applicant provides:

* General Orders Number 10815, dated 10 September 1970
* General Orders Number 14033, dated 23 November 1970
* General Orders Number 14727, dated 18 December 1970
* General Orders Number 15040, dated 23 December 1970
* The American Legion Post 923 Newsletter, dated January through February 2012

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 on 7 April 1969.  He completed training as a light weapons infantryman.  He arrived in Vietnam on 13 April 1970. He was assigned to Company B, 2nd Battalion (Air Mobile), 506th Infantry.

3.  He participated in the following three campaigns:

* Vietnam Winter - Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970
* Vietnamese Counteroffensive Phase VII Campaign, which extended from 1 July 1970 through 30 June 1971

4.  On 10 September 1970, General Orders Number 10815 were published awarding the applicant the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile force in the Republic of Vietnam on 1 July 1970.

5.  General Orders Number 14033 were published on 28 November 1970, awarding him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam on 23 July 1970.

6.  On 18 December 1970, General Orders Number 14727 were published awarding the applicant the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile force in the Republic of Vietnam on 23 July 1970.

7.  On 23 December 1970, General Orders Number 15040 were published amending General Orders Number 14727 to show the applicant was awarded the Bronze Star Medal with "V" Device (Second Oak Leaf Cluster).

8.  The applicant departed Vietnam en route to the United States and was honorably released from active duty on 7 January 1971.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart
* Bronze Star Medal
* Two Overseas Service Bars
* Second Class Gunner (Machine Gun M-60)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge (Rifle M-16)
* Expert Marksmanship Qualification Badge (Rifle M-14)

9.  The applicant's records show that his conduct and efficiency ratings were "excellent" while he was in the Army.  There is no evidence of any court-martial convictions, absence without leave, unfavorable personnel actions, or statements that would have precluded the applicant from being awarded the Army Good Conduct Medal.

10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” Device in conjunction with awards of the Army Commendation Medal, Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” Device may be worn on these awards.

	b.  An Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

	c.  A bronze service star is worn on the Vietnam Service Medal, for each credited campaign.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, states the Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all 
"excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

13.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 

Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October to 2 May 1970 by Department of the Army General Order Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  General Orders Number 15040 amended General Orders Number 14727 to show he was awarded the Bronze Star Medal with "V" Device (Second Oak Leaf Cluster).  However, there is no corroborating evidence of record showing he was awarded three Bronze Star Medals and he only asked for two awards.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal (First Oak Leaf cluster) and with "V" Device.

3.  He is also authorized the following awards that should be added to his 
DD Form 214:

* Air Medal
* Good Conduct Medal (First Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (First Award) for the period
7 April 1969 through 7 January 1971; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal (First Oak Leaf cluster) and with "V" Device
* Air Medal
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20120001251



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001251



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1