IN THE CASE OF:	  

		BOARD DATE:  20 August 2013

		DOCKET NUMBER:  AR20130000457 


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 Silver Star and Bronze Star Medal with "V" device.

2.  The applicant states he has general orders awarding him the awards, but they were excluded from his DD Form 214 at the time of his separation.

3.  The applicant provides a copy of his DD Form 214 and the following general orders (GO) issued by Headquarters, 1st Cavalry Division (Airmobile):

* GO Number 16885, dated 30 December 1969
* GO Number 131, dated 2 January 1970

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 was inducted into the Army of the United States on 11 April 1968.  He completed training and was awarded military occupational specialty 91B (Medical Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service), USARPAC (U.S. Army Pacific), Vietnam, from 23 March 1969 to 22 March 1970
* Item 38 (Record of Assignment), he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 12th Cavalry, Vietnam, from 27 March to 19 March 1970
* Item 41 (Awards and Decorations):

*	National Defense Service Medal
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Combat Medical Badge
*	Air Medal
*	Overseas Service Bar
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Bronze Star Medal
*	Purple Heart
*	Army Good Conduct Medal
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  On 22 March 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows award of the:

*	National Defense Service Medal
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal
* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal
*	Combat Medical Badge

5.  The applicant provides copies of orders awarding him the Bronze Star Medal with "V" device and Silver Star.
6.  A review of the applicant's record reveals he is entitled to additional awards and decorations not shown on his DD Form 214.

7.  Special Orders Number 147, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, dated 27 May 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Records show the following orders issued by Headquarters, 1st Cavalry Division (Airmobile), awarded the applicant the:

* Air Medal, GO Number 11288, dated 16 September 1969
* Army Commendation Medal with "V" device, GO Number 3827, dated 16 March 1970

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.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the:

* TET 69 Counteroffensive (23 February 1969 – 8 June 1969
* Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) 

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with Headquarters and Headquarters Company, 2nd Battalion, 12th Cavalry, in Vietnam, this unit was also cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 9 May 1969 by DAGO Number 59, dated 1969; service from May 1969 to February 1970 by DAGO Number 11, dated 1973

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1969 to 1 February 1970 by DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Silver Star and Bronze Star Medal with "V" device was carefully considered and determined to have merit.
2.  General orders awarded the applicant the Bronze Star Medal with "V" device, Silver Star, Air Medal, and Army Commendation Medal with "V" device; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The applicant participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show three bronze service stars affixed to his previously awarded Vietnam Service Medal.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 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.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar; therefore, he is entitled to correction of his DD Form 214 to show this badge.

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 adding the following to his DD Form 214:

   *	Silver Star
   * 	Bronze Star Medal with "V" Device
   *	Air Medal
   *	Army Commendation Medal with "V" Device
   *	Republic of Vietnam Gallantry Cross with Palm Unit Citation
   *	Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
   *	three bronze service stars affixed to his previously awarded Vietnam Service Medal



      _______ _  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)                                         AR20130000457



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ABCMR Record of Proceedings (cont)                                         AR20130000457



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