BOARD DATE:	  21 May 2013

		DOCKET NUMBER:  AR20120019784 


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 for valor and any other awards and decorations to which he is entitled.  He further requests, in effect, to have his birth date correctly shown as "30" July instead of "7" July in item 9 (Date of Birth) of this document.

2.  The applicant states while outprocessing at the U.S. Army Personnel Center located in Oakland, CA, it was noted that his original DD Form 214 had a typographical error in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  He attests the form erroneously indicated he was awarded the Bronze Star medal with "U" Device instead of "V" Device.  He contends that instead of correcting the form to properly show "V" Device, the outprocessing clerk chose to drop the appurtenance all together.  He further attests that in lieu of travelling to participate in an awards ceremony, he opted to have his awards and decorations mailed to him, but when he received the medals there was no accompanying documentation.  He states he contacted the clerk who prepared his DD Form 214 back in 1970 and the clerk confirmed that the Bronze Star Medal with "V" Device was on his original DD Form 214, although he did not realize there was a typographical error.  The applicant contends that there must be orders somewhere in the National Archives system for all of the medals he should have received.  He states he has been trying to have this oversight corrected for forty years.  Although the applicant does not mention a typographical error in item 9, he handwrote the number "30" over the number "7" which is typewritten on the document.

3.  He provides a:

* self-authored statement
* State of Arkansas Certificate of Live Birth
* DD Form 214

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 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.  His record shows he was inducted into the Army of the United States on 2 April 1968.  He served in the RVN from 31 March 1969 to 18 March 1970.  On 19 March 1970, he was released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining service obligation.  At the time of his REFRAD he had served 1 year, 11 months, and 18 days of total active service.  

3.  A review of his record revealed that every document bearing his date of birth reflected the day of his birth as "30" July.  A sampling of the documents include his:

* DD Form 47 (Record of Induction)
* DD Form 398 (Statement of Personal History)
* DA Form 428 (Application for Identification Card) 

4.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  item 6 (Date of Birth) shows his birth date as "30" July.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the RVN he was assigned to Company A, 62nd Engineer Battalion from 6 April 1969 to 16 March 1970.

	c.  Item 41 (Awards and Decorations) does not show award of the Bronze Star Medal with "V" Device.

5.  His record contains:

	a.  Headquarters, 20th Engineer Brigade, General Orders Number 292, dated 5 March 1970, which show he was awarded the Army Commendation Medal for meritorious service from 25 March 1969 to 24 March 1970; and 

	b.  Headquarters, 20th Engineer Brigade, General Orders Number 387, dated 30 March 1970, which show he was awarded the Army Commendation Medal (First Oak Leaf Cluster) for meritorious achievement from 15 October to 15 December 1969. 

6.  His DD Form 214 (as corrected by DD Form 215 (Correction to DD Form 214), dated 16 November 1984) shows:

	a.  in item 6, his date of birth as "7" July.

	b.  in item 24 that he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Army Good Conduct Medal
* Bronze Star Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  A review of his personnel service records failed to show and he did not provide any evidence showing that he was ever awarded or recommended for award of the Bronze Star Medal with "V" Device.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 orders for either the Bronze Star Medal or the Bronze Star Medal with "V" Device.





9.  References:

	a.  Army Regulation 600-8-22 (Military Awards) provides:

		(1)  the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

		(2)  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.

		(3)  an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

		(4)  the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that 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 three campaigns:

* TET 69 Counteroffensive
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970

	b.  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 units to which the applicant was assigned was cited for award of the:

		(1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 8, dated 1974, and

		(2)  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period by DAGO Number 43, dated 1970.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have partial merit.

2.  General orders awarded the applicant two Army Commendation Medals.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Army Commendation Medal (First Oak Leaf Cluster).

3.  Records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

4.  DAGOs awarded his Vietnam unit 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 of his DD Form 214 to show these unit awards.

5.  Evidence clearly shows his date of birth is actually "30" July rather than "7" July as shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to accurately reflect his date of birth.

6.  A review of his personnel service records and ADCARS failed to show evidence and he did not provide any evidence showing that he was ever awarded or recommended for award of the Bronze Star Medal with "V" Device.  Therefore, he is not entitled to correction of his DD Form 214 to show award of the "V" Device on his previously-awarded Bronze Star Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__  __X______  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 amending his DD Form 214 in the following manner:

	a.  deleting the current entry from Item 9 and replacing it with the entry "30  JUL  48";

	b.  deleting the Army Commendation Medal and the Vietnam Service Medal from item 24; and

	c.  adding to item 24 the:

* Army Commendation Medal (First Oak Leaf Cluster)
* 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

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 award of the Bronze Star Medal with "V" Device.



      _______ _ 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)                                         AR20120019784





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ABCMR Record of Proceedings (cont)                                         AR20120019784



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