IN THE CASE OF:	  

		BOARD DATE:	  28 November 2012

		DOCKET NUMBER:  AR20120008357 


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 (Certificate of Release or Discharge from Active Duty) for the period ending on 31 August 1989 to show:

* Bronze Star Medal (BSM) (6th Oak Leaf Cluster (OLC)), two of them with a "V" Device for valor
* Meritorious Service Medal (MSM) (3rd OLC)
* Army Commendation Medal (ARCOM) (3rd OLC)

2.  The applicant states:

	a.  His DD Form 214 fails to reflect the award of the BSM with "V" Device (2nd Award) and the BSM (4th Award) for meritorious service; i.e., the BSM with "V" Device and 6th OLC.  His DD Form 214 needs to show award of the MSM (3rd OLC) and ARCOM (3rd OLC).  These awards were dropped from his Officer Record Brief (ORB) over the years and he did not catch or correct the error, so when his DD Form 214 was prepared it did not reflect all the awards to which he was entitled.

	b.  He does not know exactly when the "V" Device was dropped from the BSM or when the total awards of the BSM was changed from 6 to 5.  He cannot even say when the MSM (3rd OLC) and one of the three ARCOMs were dropped.  He did not discover the error until his wife ordered duplicates to 

replace those that had been destroyed.  It was only after receiving the duplicates that he realized the "V" device was not reflected on his DD Form 214.  When he dug through his old military records he also discovered the errors pertaining to his MSM and ARCOM.

3.  The applicant provides 

* Page 1 of a DA Form 2-1 (Personnel Qualification Record - Part II), undated
* Page 1 of a DA Form 66 (Officer Record Brief), undated
* Officer Record Briefs, dated November 1984, August 1987, and November 1987
* General Orders Number 7566, issued by Headquarters, 9th Infantry Division, dated 26 August 1968
* Permanent Orders Number 91-1, issued by Headquarters, 24th Infantry Division, Fort Stewart, GA, dated 19 August 1981

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 enlisted in the Regular Army (RA) on 6 March 1967 for a period of 3 years.  On 5 February 1968, he was honorably discharged in the rank/grade of specialist five (SP5)/E-5 to accept an appointment as a Reserve commissioned officer in the Army.  He completed 11 months and 1 day of net active service this period.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows award of the:

* National Defense Service Medal (NDSM)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

3.  He was appointed as a Reserve commissioned officer on 6 February 1968 with concurrent order to active duty.  He served in Vietnam from 14 March 1968 through 6 October 1969.  He was assigned to 2nd Battalion, 4th Artillery Regiment, 9th Infantry Division from 23 March 1968 to 6 October 1969.

4.  The following general orders (GO) published by Headquarters, 9th Infantry Division awarded the applicant the following awards as indicated:

* GO Number 7566, dated 26 August 1968, awarded him the BSM with "V" Device for heroism in Vietnam on 24 June 1968
* GO Number 8191, dated 9 September 1968, awarded him BSM with "V" Device for heroism in Vietnam on 12 and 13 August 1968
* GO Number 2550, dated 5 March 1969, awarded him the BSM (2nd OLC) for meritorious service in Vietnam for the period March 1968 to March 1969
* GO Number 2974, dated 12 March 1969, awarded him the ARCOM for outstanding achievement in Vietnam for the period 20 March 1968 to
5 February 1969

5.  GO Number 3568, issued by Headquarters, II Field Force Vietnam, dated 31 October 1969, awarded him the BSM (4th OLC) for meritorious service in Vietnam for the period June 1968 to September 1969.

6.  He again served in Vietnam, from 11 October 1970 through 11 October 1971.  He was assigned to:

* 132nd Aviation Company from 22 October through 18 November 1970
* Headquarters and Headquarters Company (HHC), 16th Aviation Group, 23rd Infantry Division (Americal) from 19 November 1970 through 16 April 1971
* 176th Aviation Company, 23rd Infantry Division from 17 April through
11 October 1971

7.  The following GO's, published by Headquarters, 23rd Infantry Division awarded the applicant the following awards as indicated:

* GO Number 9840, dated 1 September 1971, awarded him the BSM with "V" Device for heroism in Vietnam on 23 July 1971
* GO Number 10928, dated 26 September 1971, as amended by a subsequent Letter Order, awarded him the ARCOM (1st OLC) for meritorious service in Vietnam for the period 9 February 1971 to
22 October 1971

8.  Records show he also served in Korea from 17 December 1974 through
16 January 1976.

9.  Permanent Orders (PO) Number 49-14, issued by Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, dated 29 March 1979, awarded him the MSM for the period 2 February 1976 to 5 February 1979.

10.  PO Number 91-1, issued by Headquarters, 24th Infantry Division (Mechanized), Fort Stewart, GA, dated 19 August 1981, awarded him the MSM (1st OLC) for the period 17 February 1979 to 10 July 1981.

11.  PO Number 86-3, issued by Headquarters, Fourth U.S. Army, Fort Sheridan, IL, dated 21 November 1986, awarded him the MSM (2nd OLC) for the period
16 August 1982 to 26 November 1986.

12.  He served continuously on active duty until he was retired on 31 August 1989 for length of service in the rank/grade of lieutenant colonel (LTC)/O-5.  He completed 21 years, 6 months, and 25 days of net active service this period, for a total of 22 years, 5 months, and 26 days of creditable active service.  The
DD Form 214 he was issued at the time show award of the:

* Distinguished Flying Cross (DFC)
* BSM (5th OLC)
* Air Medal (AM) with Numeral 37
* ARCOM (2nd OLC)
* Army Achievement Medal
* Valorous Unit Award (VUA)
* Meritorious Unit Commendation
* NDSM
* Vietnam Service Medal (VSM) with 1 silver and 2 bronze service stars
* Army Service Ribbon
* Overseas Service Ribbon
* Republic of Vietnam Campaign Medal with Device (1960)
* Master Army Aviator Badge
* Parachutist Badge
* Ranger Tab
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

13.  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 additional orders for the BSM, MSM, or ARCOM pertaining to the applicant.

14.  Army Regulation 600-8-22 (Military Award) states:

	a.  The BSM 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

	b.  The MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  The ARCOM is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

	d.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the AM, BSM, and the ARCOM.  Although more than one award of the AM, BSM, and ARCOM may be made for heroism to the same person, only one "V" device may be worn on awards of these medals.

	e.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the BSM, MSM, and the ARCOM.

	f.  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.

15.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the VSM.  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 eight campaigns:

* 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)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

16.  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:

	a.  The 2nd Battalion, 4th Artillery was cited for award of the:

* VUA for the period 6 to 12 May 1968 by Department of the Army General Order (DAGO) Number 43, dated 1970
* 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
* 1 July 1968 through 13 November 1968 by DAGO Number 31, dated 1969
* January through June 1969 by DAGO Number 59, dated 1969
* 29 July 1969 through 20 July 1970 by DAGO Number 55, dated 1971

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period:

* 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969
* 26 July 1969 through 20 July 1970 by DAGO Number 55, dated 1971

	b.  The 16th Aviation Group was cited for award of the:

* VUA for the period:

* 8 February through 31 March 1971 by DAGO Number 42, dated 1972
* 1 April through 30 June 1971 by DAGO Number 6, dated 1974

17.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the BSM:

	a.  An OLC designates a second or subsequent award of the BSM.  For example, three awards of the BSM would be listed as "BSM (2nd OLC)."  The evidence of record shows the applicant was awarded a total of six awards of the BSM, three of which were with "V" Device for heroism.

	b.  There is no evidence of record and the applicant did not provide any evidence that shows he was awarded any additional awards of the BSM.  His
DD Form 214 for the period ending 31 August 1989 correctly shows the number of BSM's he is entitled to; however, the notation of the "V" Device is missing.  By regulation, although more than one award of the BSM may be made for heroism to the same person, only one "V" Device may be worn on awards of these medals.  As such, his DD Form 214 for the period ending 31 August 1989 should be corrected to show the BSM (5th OLC) and with "V" Device.

2.  With respect to the MSM, PO's awarded him three awards of the MSM during his period of service, none of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the MSM (2nd OLC).  There is no evidence to show he was awarded a fourth award of the MSM.

3.  With respect to the ARCOM, a 3rd OLC indicates four awards of the ARCOM. Evidence of record shows GO's awarded him three awards of the ARCOM.  There is no evidence of record and he provides none to show he was awarded a fourth award of the ARCOM.  His final DD Form 214 lists the ARCOM with 2nd OLC, indicating he was awarded three awards of the ARCOM.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.
4.  Records show the applicant participated in 8 campaigns during his service in Vietnam.  His DD Form 214 lists the VSM with one silver service star and two bronze service stars for a total of seven service stars.  Therefore, he is entitled to one additional bronze service star and correction of his DD Form 214 accordingly.

5.  His units in Vietnam were cited for 3 awards of the VUA, 4 awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 2 awards of 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.

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

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 from his DD Form 214 for the period ending 31 August 1989 the: 

* Bronze Star Medal (5th Oak Leaf Cluster)
* Vietnam Service Medal with one silver service star and two bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 
adding to his DD Form 214 the:

* Bronze Star Medal (5th Oak Leaf Cluster) and with "V" Device
* Meritorious Service Medal (2nd Oak Leaf Cluster)
* Vietnam Service Medal with one silver service star and three bronze service stars
* Korea Defense Service Medal
* Valorous Unit Award (3rd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(4th Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

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 to his DD Form 214 the:

* Bronze Star Medal (6th Oak Leaf Cluster)
* Army Commendation Medal (3rd Oak Leaf Cluster)
* Meritorious Service Medal (3rd Oak Leaf Cluster)


      ___________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)                                         AR20120008357



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ABCMR Record of Proceedings (cont)                                         AR20120008357



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