BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130017132
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. He states he believes the clerk who typed his original DD Form 214 unintentionally omitted the "V" Device for his Bronze Star Medal and he now would like this error corrected.
3. He provides his DD Form 214 and general orders awarding him the Bronze Star Medal with "V" Device.
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 28 October 1965.
3. He was assigned to Company H, 2nd Squadron, 11th Armored Cavalry Regiment during his assignment in Vietnam from 20 August 1966 to 30 July 1967.
4. His DA Form 20 (Enlisted Qualification Record) shows he was awarded the Bronze Star Medal by Headquarters, 1st Infantry Division, General Order Number 3988, dated 1 June 1967.
5. He provided Headquarters, 1st Infantry Division, General Orders Number 3989, dated 1 June 1967, which awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 23 March 1967.
6. He was released from active duty on 31 July 1967. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machine Gun (105 Millimeter) Bars
* Army Good Conduct Medal
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 awarding the applicant the Bronze Star Medal.
8. 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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 to 10 August 1968 by Department of the Army General Order Number 60, dated 1969.
9. Army Regulation 600-8-22 (Military Awards) provides guidance for award of the Vietnam Service Medal. 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, participation credit was awarded for the Vietnam Counteroffensive Phase and Vietnam Counteroffensive Phase III campaigns.
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded the Bronze Star Medal with "V" Device for heroism on 23 March 1967 and that he was awarded the Bronze Star Medal. However, his DD Form 214 only reflects the Bronze Star Medal. Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device (First Oak Leaf Cluster).
2. The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 24 should be corrected to show this unit award.
3. He participated in two campaigns during his service in Vietnam. Therefore, he is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the appropriate service stars.
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 the Bronze Star Medal and Vietnam Service Medal from his DD Form 214; and
b. amending his DD Form 214 to add the Bronze Star Medal with "V" Device (First Oak Leaf Cluster), Vietnam Service Medal with two bronze service stars, and 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) AR20130017132
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