DOCKET NUMBER:  AR20120005512 


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.  He states he has general orders awarding him the BSM with "V" Device and general orders correcting the spelling of his name.

3.  He provides two general orders issued by Headquarters, 4th Infantry Division.

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.  On 23 April 1965, the applicant enlisted in the Regular Army.  On 20 February 1966, he was honorably discharged to accept a commission as an Army officer.

3.  On 21 February 1966, he was appointed a second lieutenant (2LT)/O-1 in the U.S. Army Reserve (USAR).  He entered active duty on the same day.

4.  A DA Form 2-1 (Personnel Qualification Record) shows he served in Vietnam from 15 September 1966 through 21 September 1967.

5.  His record includes two DA Forms 67-5 (Army Officer Efficiency Report) for the period 12 November 1966 to 19 April 1967 and 20 April to 8 July 1967.  These reports show he was assigned to duty in Vietnam at the time as a forward observer with Battery B, 6th Battalion, 29th Artillery, 4th Infantry Division.

6.  General Orders Number 3493, issued by Headquarters, 4th Infantry Division, dated 22 October 1967, awarded him the BSM with "V" Device for his heroism in the Republic of Vietnam on 22 May 1967.

7.  General Orders Number 4225, issued by the same headquarters, dated
29 July 1968, amended General Orders Number 3493 to show the applicant was awarded the BSM with "V" Device (1st Oak Leaf Cluster).

8.  General Orders Number 6015, issued by the same headquarters, dated
21 November 1968, amended General Orders Number 3493 to show the correct spelling of his last name.

9.  On 20 February 1968, the applicant was honorably released from active duty and transferred to the USAR Control Group (Reinforcement).  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at that time shows he was awarded the:

* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* BSM

10.  His record shows he continued to serve in an active status in the USAR and the Army National Guard until he was transferred to the Retired Reserve in the rank/grade of lieutenant colonel (LTC)/O-5, effective 20 March 1994.  


11.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214 for the period ending 20 February 1968.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

13.  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 BSM.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 6th Battalion, 29th Infantry, was cited for award of the:

	a.  Presidential Unit Citation for the period 18 through 26 May 1967, by Department of the Army GO (DAGO) Number 69, dated 1969;

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 through 31 October 1969, by DAGO Number 3, dated 1970; and

	c.  RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969, by DAGO Number 53, dated 1970.`

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the BSM (2nd Award) and with "V" Device.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  Records show he participated in two campaigns during his service in Vietnam that entitles him to two 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.

3.  His unit in Vietnam was cited for award of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of 


Vietnam Civil Actions Honor Medal First Class Unit Citation.  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 for the period ending 20 February 1968 the Bronze Star Medal and the Vietnam Service Medal; and

	b.  adding to his DD Form 214 for the period ending 20 February 1968 the:

* Bronze Star Medal (2d Award) and with "V" Device
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation
* 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)                                         AR20120005512



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ABCMR Record of Proceedings (cont)                                         AR20120005512



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