BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20130020181 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 1990 to show the Bronze Star Medal with "V" Device.  

2.  The applicant states his DD Form 214 shows the Bronze Star Medal but it should show the Bronze Star Medal with "V" Device.

3.  The applicant provides a DD Form 214 for the period ending 31 October 1990 and a copy of a certificate for the Bronze Star Medal with "V" Device, dated 
1 October 1984.

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 enlisted in the Regular Army on 19 October 1959.  His DA Form 24 (Service Record) shows he served in Korea from 21 June 1960 to 17 June 1961.

3.  He was released from active duty on 18 October 1962.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service shows he was awarded the 1st Class Gunner (currently known as Sharpshooter) Marksmanship Qualification Badge with Recoilless Rifle Bar and the 2nd Class Gunner (currently known as Marksman) Marksmanship Qualification Badge with Mortar Bar.

4.  A Certificate of Military Service shows he served in the Regular Army from 
27 December 1962 to 11 May 1965.  A DD Form 214 for this period of service was not located in the applicant's available record.

5.  He reenlisted on 12 May 1965 for a period of 6 years.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 28 February 1968 to 18 February 1969 while assigned to Headquarters and Headquarters Detachment (HHD), 61st Medical Battalion.

6.  He was discharged on 2 May 1971.  His DD Form 214 for this period of service shows he was awarded the:

* Army Good Conduct Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  On 10 April 1978, he was appointed as a Reserve Warrant Officer of the Army.  He entered active duty on 22 April 1978.

8.  A memorandum issued by the Headquarters, Joint Special Operations Command, dated 9 March 1984, shows he was awarded the Armed Forces Expeditionary Medal for participating in military operations on the Island of Grenada.

9.  A memorandum issued by the U.S. Army Military Personnel Center (currently known as the U.S. Army Human Resources Command), Military Awards Branch, dated 1 October 1984, shows he was awarded the Bronze Star Medal with "V" Device.
10.  He was honorably released from active duty on 31 January 1985 and transferred to a U.S. Army Reserve (USAR) unit in Greenville, SC.  His DD Form 214 for this period of service shows, among other awards, the Bronze Star Medal (no "V" Device recorded) and the Armed Forces Expeditionary Medal for service in Korea.

11.  On 12 December 1988, he entered active duty as a member of the USAR and he served on active duty until his retirement for length of service on            31 October 1990.  His DD Form 214 for this period of service shows the:

* Army Service Ribbon
* Bronze Star Medal (no "V" Device recorded)
* Army Commendation Medal
* Army Good Conduct Medal (3rd award)
* National Defense Service Medal
* Humanitarian Service Medal
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 3
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Medical Badge 
* Armed Forces Expeditionary Medal
* Joint Meritorious Unit Award

12. Army Regulation 600-8-22 (Military Awards) states:

	a.  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.  

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	c.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows the campaigns for the Vietnam conflict.  During his service in Vietnam he 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)

13.  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 HHD, 61st Medical Battalion, was cited for award of the Meritorious Unit Commendation for the period 8 June 1966 through 7 June 1968 by Department of the Army (DAGO) Number 28, dated 1969.

14. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device has been carefully considered.

2.  A memorandum published by the U.S. Army Human Resources Command, Military Awards Branch, dated 1 October 1984, confirms the applicant was awarded the Bronze Star Medal with "V" Device.  However, his DD Form 214 for the period ending 31 October 1990 does not reflect the "V" Device with the Bronze Star Medal.  Therefore, his DD Form 214 should be correct to show the Bronze Star Medal with "V" Device.

3.  His DD Form 214 for the period ending 31 October 1990 shows one award of the Armed Forces Expeditionary Medal.  However, his DD Form 214 for the period ending 31 January 1985 shows he was awarded the Armed Forces Expeditionary Medal for service in Korea and a memorandum issued by the Joint Special Operations Command, dated 9 March 1984, shows he was also awarded the Armed Forces Expeditionary Medal for service in Grenada.  Therefore, his DD Form 214 for the period ending 31 October 1990 should be corrected to show the second award of the Armed Forces Expeditionary Medal.


4.  He served in Korea during a period of qualifying service for award of the Korea Defense Service Medal.  Therefore this award should be added to his    DD Form 214.

5.  He participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to reflect these bronze service stars.

6.  All units that served in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this unit award should also be added to his DD Form 214.

7.  His unit in Vietnam was also cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to how this unit award.

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 his DD Form 214 for the period ending 31 October 1990 the Bronze Star Medal, Armed Forces Expeditionary Medal, and the Vietnam Service Medal and

	b.  adding to his DD Form 214 for the period ending 31 October 1990 the:

* Bronze Star Medal with "V" Device
* Armed Force Expeditionary Medal (2nd Award)
* Vietnam Service Medal with four bronze service stars 
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation



      __________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)                                         AR20130020181



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ABCMR Record of Proceedings (cont)                                         AR20130020181



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