IN THE CASE OF 

		BOARD DATE:	    15 July 2014

		DOCKET NUMBER:  AR20130020324 


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 "V" Device.

2.  The applicant states he received the Bronze Star Medal with "V" Device which is not shown on his DD Form 214.  He was presented with a legion of valor in the late 1990s with just a letter that his parents had.  Now, the State of Tennessee says he is not eligible for a license plate.  

3.  The applicant provides:

* Letter from the Assistant Division Commander
* General Orders (GO) Number 5425, 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's records show he was inducted into the Army of the United States on 14 June 1967 and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  He served in Vietnam from on or about 17 December 1967 to 3 July 1968 and Okinawa, from on or about 2 August 1968 to 3 March 1969.  He was assigned as follows:

* Rifleman, Company A, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division, Vietnam, 1 January 1968 to 2 July 1968
* Patient, 3 July 1968, Camp Zama, Japan
* 2 August 1968 to 1 March 1969, 2nd Logistical Command, Okinawa, Japan

4.  He was honorably released from active duty on 13 June 1969.  His DD Form 214 shows he was awarded or authorized the:

* Second Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device
* one overseas service bar
* Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  He provides GO Number 5425, issued by Headquarters, 4th Infantry Division, on 4 October 1968 awarding him the Bronze Star Medal with "V" Device for heroism on 30 May 1968.  The citation stated:

[Applicant] distinguished himself while serving as a Machine Gunner with Company A, 3rd Battalion, 12th Infantry.  On 30 May 1968, Company D was in a defensive perimeter west of Dak To, when at approximately 0320 hours, the perimeter was subjected to massive ground, mortar, and rocket assault by an estimated two battalions of North Vietnamese Regulars.  [Applicant] was occupying a position to the right of the main assault.  Because of the intense grenade and rocket fire, followed by a ground attack on the sector, the defending platoon had to withdraw to another lie of defense.  Realizing that a perimeter had been penetrated by the initial enemy assault, he left his relatively secure position and moved in front of the enemy assault where he quickly began placing very effective machine gun fire on the advancing enemy.  He courageously remained in position providing cover fire for his platoon to withdraw to a secondary line of defense, even though under intense enemy fire which was striking within meters of his position. 

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Bronze Star Medal.

	b.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

7.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 3rd Battalion, 12th Infantry Regiment, from 1 January 1968 to 2 July 1968, in Vietnam, this unit was cited for awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1966 to 31 October 1969, based on DAGO Number 53, dated 1970. 

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

* Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.
* Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

9.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

* Vietnam Counteroffensive Phase III, 1 June 1967 —29 January 1968
* Tet Counteroffensive, 30 January — 1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968
* Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal with "V" Device for heroism on 30 May 1968.  This award is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

2.  He held an infantry MOS and he was assigned to an infantry unit in Vietnam.  His award of the Bronze Star Medal with "V" Device clearly shows he was personally present and an active participant when his infantry unit actively engaged the enemy.  He should be entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show it. 

3.  GO awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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:

* awarding him the Combat Infantryman Badge (1st Award) on 30 May 1968
* deleting from his DD Form 214 the Vietnam Service Medal and adding the:

* Bronze Star Medal with "V" Device
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20130020324



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ABCMR Record of Proceedings (cont)                                         AR20130020324



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