IN THE CASE OF:
BOARD DATE: 25 April 2013
DOCKET NUMBER: AR20120017562
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 with "V" Device.
2. The applicant states he would like the Bronze Star Medal with "V" Device added to his DD Form 214. He is providing all the information he could locate concerning this award.
3. The applicant provides the Bronze Star Medal with "V" Device orders and certificate.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military record shows he was inducted into the Army of the United States on 1 September 1965. He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).
3. He served in Vietnam from on or about 17 January 1966 through 9 April 1967, during two campaigns. He was assigned to Company C, 2nd Battalion, 14th Infantry, 25th Infantry Division.
4. Headquarters, 25th Infantry Division, issued the following General Orders (GO):
* GO Number 1021, dated 11 September 1966, awarding him the Purple Heart (1st Award) for being wounded in action in Vietnam on 27 August 1966
* GO Number 1143, dated 26 September 1966, awarding him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force by distinguishing himself by heroic actions in Vietnam on 27 August 1966
5. He provides a copy of the corresponding Bronze Star Medal with "V" Device certificate.
6. He was honorably released from active duty on 31 August 1967 and he was transferred to the U.S. Army Reserve Control Group (Annual Training). His
DD Form 214 lists the:
* Army Good Conduct Medal
* Vietnam Service Medal
* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal with 1960 Device
* two overseas service bars
7. Item 41 (Awards and Decorations) of his DA Form 20 lists the same awards that are shown on his DD Form 214. Item 41 also lists the Purple Heart and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
8. Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.
9. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows during his assignment to the 2nd Battalion, 14th Infantry, this unit was cited for award of the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from April 1966-August 1968, by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 20 April 1966-21 January 1970, by DAGO Number 51, dated 1971
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Purple Heart and Bronze Star Medal with "V" Device during his period of service in Vietnam. Therefore, his DD Form 214 should be corrected to show these awards.
2. He participated in two campaigns while serving in Vietnam. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
3. The evidence of record also shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, he is entitled to correction to his DD Form 214 to show this award.
4. GO awarded his unit in Vietnam, the 2nd Battalion, 14th Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction to his DD Form 214 to show these awards.
5. In view of the foregoing, his records should be corrected as recommended below.
BOARD VOTE:
____x___ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
* deleting from the applicant's DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:
* Purple Heart
* Bronze Star Medal with "V" Device
* Vietnam Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* 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) AR20120017562
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ABCMR Record of Proceedings (cont) AR20120017562
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