BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120009067 


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 the "V" Devices on his Bronze Star Medal and Army Commendation Medal.

2.  He also requests correction of five of his award orders to show his social security number (SSN) as "xxx-xx-3xxx" vice "xxx-xx-2xxx."

3.  The applicant states the "V" Devices and all awards are not listed on his DD Form 214.  Additionally, his SSN is off by one digit on the orders that accompanied the awards.

4.  The applicant provides his DD Form 214, six orders, and two certificates.

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 on 28 July 1967 and he held military occupational specialty 13B (Field Artillery Crewmember).  He served in Vietnam from 17 December 1967 to 17 March 1970 while assigned to B Battery, 7th Battalion, 11th Field Artillery, 25th Infantry Division.

3.  His record shows he enlisted under the SSN of "xxx-xx-3xxx."

4.  Following are general orders (GO) issued by Headquarters, 25th Infantry Division pertaining to the applicant:

	a.  GO Number 6597, dated 23 September 1968, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 21 September 1968.  These orders correctly show the sixth digit of his SSN as "3."

	b.  GO Number 6680, dated 26 September 1968, awarding him the Army Commendation with "V" Device for heroism in connection against a hostile force on 22 August 1968.  These orders show the sixth digit of his SSN as "2."

	c.  GO Number 7782, dated 30 October 1968, awarding him the Bronze Star Medal for meritorious service from December 1967 to December 1968.  These orders show the sixth digit of his SSN as "2."

	d.  GO Number 6674, dated 12 May 1969, awarding him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 26 April 1969.  These orders show the sixth digit of his SSN as "2."

	e.  GO Number 7911, dated 17 June 1969, awarding him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service from January to July 1969.  These orders show the sixth digit of his SSN as "2."

	f.  GO Number 670, dated 21 January 1970, awarding him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 17 December 1969.  These orders show the sixth digit of his SSN as "2."


	g.  GO Number 15505, dated 21 December 1969, awarding him the Purple Heart (2nd Award) for wounds received in connection with military operations against a hostile force on 17 December 1969.  These orders correctly show the sixth digit of his SSN as "3."

5.  The applicant was honorably released from active duty on 18 March 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 7 months, and 3 days of total active service with 18 days of time lost.

6.  The DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal
* Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart

7.  Item 3 (SSN) of his DD Form 214 shows his SSN as "xxx-xx-3xxx."

8.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified marksman with the M-14 Rifle.

9.  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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following eight campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* 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 Winter - Spring 1970 (1 November 1969 - 30 April 1970)


10.  Army Regulation 600-8-22 states the bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" Device may be worn on awards of these medals.

11.  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 7th Battalion, 11th Field Artillery, was cited for award of the:

* Presidential Unit Citation for the period 24 through 26 April 1969 by DAGO Number 14, dated 1973
* Valorous Unit Award for the period 27 August through 31 October 1968 by Department of the Army General Orders (DAGO) Number 42, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 23 March through 31 August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for the period 31 March 1966 through 21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant two awards of the Purple Heart; two awards of the Army Commendation Medal, one with "V" Device; and three awards of the Bronze Star Medal, two with "V" Device.  Therefore, his DD Form 214 should be corrected accordingly.

2.  The evidence of record confirms the applicant enlisted under the SSN of
"xxx-xx-3xxx" and this is the SSN he used throughout his military service.  Therefore, it would be appropriate to correct General Orders Number 6680, 7782, 6674, 7911, and 670 to show his SSN as "xxx-xx-3xxx."

3.  His DA Form 20 shows he qualified marksman with the M-14 rifle.  Therefore, his DD Form 214 should be corrected to show this marksmanship qualification.


4.  The applicant participated in eight campaigns while serving in Vietnam that entitles him to one silver service star and three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

5.  The applicant's unit in Vietnam was cited for award of the Presidential Unit Citation, Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and award of the Republic of Vietnam Civil Actions Honor Medal with 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:

* amending General Orders Number 6680, 7782, 6674, 7911, and 670 by deleting the applicant's SSN and replacing it with the SSN as shown on his DD Form 214
* deleting from his DD Form 214 the Bronze Star Medal, Purple Heart, Army Commendation Medal, and the Vietnam Service Medal
* adding to his DD Form 214 the:

* Bronze Star Medal (3rd Award) and with "V" Device 
* Purple Heart (2nd Award)
* Army Commendation Medal (2nd Award) and with "V" Device
* Vietnam Service Medal with one silver service star and three bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)


* Presidential Unit Citation 
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation (2nd Award)



      _________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)                                         AR20120009067



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ABCMR Record of Proceedings (cont)                                         AR20120009067



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