BOARD DATE:	  7 November 2013

		DOCKET NUMBER:  AR20130003776 


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 two awards of the Bronze Star Medal (BSM) and two awards of the Air Medal (AM).

2.  The applicant states the awards were omitted from his DD Form 214.

3.  The applicant provides copies of his award documents and 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 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.  A DD Form 214 shows the applicant was inducted on 28 December 1965 and he was honorably discharged on 20 February 1967 to accept a commission as an officer of the Army.  He completed 1 year, 1 month, and 23 days of net active service this period.  It also shows he was awarded the:

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

3.  The applicant was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant on 21 February 1967 and entered active duty on that date.  He served overseas in:

* Germany from 7 May 1967 through 10 February 1968
* Vietnam from 25 March 1968 through 24 January 1969

4.  The applicant's DA Form 66 (Officer Qualification Record) shows in item 18 (Record of Assignments) he was assigned to:

* Headquarters and Headquarters Battery, 6th Battalion, 56th Artillery, from 30 March through 3 July 1968
* Headquarters Battery, 6th Battalion, 56th Artillery, from 4 July through 
30 July 1968
* Battery B, 1st Battalion, 8th Artillery, 25th Infantry Division, from 4 August through 27 October 1968
* Headquarters and Headquarters Battery, 1st Battalion, 8th Artillery,
25th Infantry Division, from 28 October 1968 through 22 January 1969

5.  Headquarters, 25th Infantry Division, General Orders (GO) show the applicant was awarded the following awards:

* BSM for meritorious service from February 1968 to February 1969 by 
GO Number 549, dated 16 January 1969
* BSM with "V" Device (1st Oak Leaf Cluster) for heroism on 19 August 1968 by GO Number 1591, dated 13 February 1969, as amended by 
GO Number 6396, dated 2 May 1969
* AM for meritorious achievement from 27 October 1968 to 12 November 1968 by GO Number 9035, dated 24 December 1968
* AM (1st Oak Leaf Cluster) for meritorious achievement from 13 November to 2 December 1968 by GO Number 645, dated 22 January 1969


6.  A DD Form 214 shows the applicant entered active duty this period on
21 February 1967, was honorably released from active duty on 26 January 1969, and transferred to the U.S. Army Reserve Control Group (Reinforcement).  It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Aircraft Crewman Badge
* One Overseas Service Bar

7.  Headquarters, 5th Missile Battalion, 6th Artillery, Special Orders Number 154, dated 11 August 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  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, the applicant participated in the following four campaigns:

* 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)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  This pamphlet shows the 1st Battalion, 8th Artillery, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period:

* January 1966 through August 1968 by Department of the Army General Order (DAGO) Number 48 (1971)
* 1 September 1968 through 30 September 1970 by DAGO Number 5 (1973)
* 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)

	b.  Paragraph 6 of the pamphlet states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows:

	a.  general orders awarded the applicant the:

* BSM with "V" Device (1st Oak Leaf Cluster)
* AM (1st Oak Leaf Cluster)

	b.  the applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in Vietnam.  Thus, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal;

	c.  general orders awarded the applicant's unit the:

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

	d.  special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

2.  Therefore, it would be appropriate to correct his last DD Form 214 to show his awards and decorations, 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 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:
	
   a.  deleting from item 24 of his DD Form 214 for the period ending 26 January 1969 the Vietnam Service Medal and

	b.  adding to item 24 of his DD Form 214 for the period ending 
26 January 1969 the:

* Bronze Star Medal with "V" Device (1st Oak Leaf Cluster)
* Air Medal (1st Oak Leaf Cluster)
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)



      __________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)                                         AR20130003776



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ABCMR Record of Proceedings (cont)                                         AR20130003776



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