IN THE CASE OF:	  

		BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130000925 


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 Bronze Star Medal with second oak leaf cluster (3rd Award), Republic of Vietnam Gallantry Cross with Bronze Star, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states these awards were received after his out-processing.  He is getting his affairs in order for his family.

3.  The applicant provides:

* orders for the Combat Infantryman Badge
* orders for three awards of the Bronze Star Medal
* DD Form 214
* memorandum awarding him the Republic of Vietnam Gallantry Cross with Bronze Star and citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation certificate
* Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) pertaining to unit awards for the 4th Battalion, 23rd Infantry, and the 25th Supply and Transportation Battalion



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 commissioned in the Regular Army, as a second lieutenant, on 5 June 1966.  

3.  He provides copies of Special Orders 107, dated 17 April 1967, and General Orders (GO) Number 515, dated 5 February 1968, issued by the 25th Infantry Division, awarding him the Combat Infantryman Badge and Bronze Star Medal respectively, for service in Vietnam.

4.  He served in Vietnam from 6 March 1967 through 29 February 1968, during three campaigns, and was assigned to the following units from:

* 13 March to 27 August 1967 - Company B, 4th Battalion (Mechanized), 23rd Infantry
* 28 August 1967 to 9 April 1968 - 25th Supply and Transportation Battalion, 25th Infantry Division

5.  He again served in Vietnam from 30 June 1970 through 20 May 1971, during two campaigns, and was assigned to Civil Operations and Rural Development Support (CORDS), IV Corps & Military Region 4.

6.  He also provides copies of GO Number 2089, dated 14 May 1971, and GO Number 2095, dated 15 May 1971, awarding him two awards of the Bronze Star Medal from August to 30 November 1970 and from July 1970 to May 1971.

7.  He was honorably discharged from active duty, as a captain, on 21 May 1971. He completed 4 years, 11 months, and 17 days of net active service with no time lost.  His DD Form 24 lists the:


* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Army Commendation Medal (2nd Award)
* Purple Heart
* four overseas service bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation

8.  He further provides copies of a memorandum for award of the Republic of Vietnam Gallantry Cross with Bronze Star with citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation certificate.

9.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant's unit, the 4th Battalion, 23rd Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 through August 1968 by DAGO 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 through 21 January 1970 by DAGO 51, dated 1971

10.  Department of the Army Pamphlet 672-3 also shows the applicant's unit, the 25th Supply and Transportation Battalion, was cited for award of the:

* Republic of Vietnam Gallantry Gross with Palm Unit Citation for the period March 1966 through August 1968, by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 through 21 January 1970, by DAGO Number 51, 1971

11.  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.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in during a period of service in Vietnam.  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant a total of three awards of the Bronze Star Medal during his periods of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these three awards.

2.  He provided a memorandum which shows he was awarded the Republic of Vietnam Gallantry Cross with Bronze Star as an individual award.  As such, he is entitled to addition of this award to his DD Form 214. 

3.  The evidence of record shows he served in two units in Vietnam, during periods for which each was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  However, his DD Form 214 only shows one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his is entitled to correction to his DD Form 214 to show he received two of each award. 

4.  He participated in a total of three campaigns during his periods of service in 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.

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:

* deleting from the applicant's DD Form 214 the Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal
* adding to his DD Form 214 the:

* Bronze Star Medal (3rd Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Bronze Star 
* Two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Two awards of the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20130000925



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ABCMR Record of Proceedings (cont)                                         AR20130000925



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