IN THE CASE OF: 

		BOARD DATE:	    12 August 2014

		DOCKET NUMBER:  AR20130022235 


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.

2.  The applicant states he was awarded two Bronze Star Medals and his DD Form 214 only shows one.

3.  The applicant provides:

* Newspaper article, dated 10 September 1969
* Page 4 of his DA Form 20 (Enlisted Qualification Record)
* 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.  The applicant was inducted into the Army of the United States on 8 November 1967.  He held military occupational specialty 11B (Light Weapons Infantryman) and attained the rank/grade of staff sergeant (SSG)/E-6.

3.  Special Orders (SO) Number 31, issued by Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, on 31 January 1968 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 57, issued by Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, on 5 March 1968 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  SO Number 69, issued by Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, on 18 March 1968 awarded him the 1st Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  His DA Form 20 shows he was assigned to Vietnam from 23 October 1968 to 22 October 1969 and he served with Company C, 4th Battalion, 23rd Infantry, 25th Infantry Division from 2 November 1968 to 18 October 1969.  

7.  General Orders (GO) Number 9323, issued by Headquarters, 25th Infantry Division, on 17 July 1969 awarded him the Bronze Star Medal with "V" Device for heroism in connection with operations against a hostile force on 19 June 1969.

8.  GO Number 9631, issued by Headquarters, 25th Infantry Division, on 22 July 1969 awarded him the Bronze Star Medal with "V" Device (2nd Award) for heroism in connection with operations against a hostile force on 1 July 1969.

9.  GO Number 12975, issued by Headquarters, 25th Infantry Division, on 
20 October 1969 awarded him the Bronze Star Medal (3rd Award) for meritorious service from October 1968 to October 1969.




10.  He was honorably released from active duty on 24 October 1969.  His DD Form 214 shows he completed 1 year, 11 months, and 17 days of net active service, of which 1 year was credited as foreign service.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Purple Heart
* Vietnam Service Medal
* Army Commendation Medal
* Bronze Star Medal with "V" Device
* Vietnam Campaign Medal
* Army Good Conduct Medal

11.  Army Regulation 600-8-22 (Military Awards) states one bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign for which a member is credited with participating.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)

12.  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 4th Battalion, 23rd Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period of 1 September 1968 to 30 September 1970, by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period of 30 April 1966 to 21 January 1970, by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star Medal on three separate occasions, two of which were awarded for 


heroism/valor.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record shows he participated in four campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars affixed to his previously-awarded Vietnam Service Medal.

3.  GO awarded his unit 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 during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

4.  SO Awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the 1st Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to add these badges.

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 the:

* Bronze Star Medal with "V" Device
* Vietnam Service Medal

	b.  adding to his DD Form 214 the:

* Bronze Star Medal (3rd Award) and with "V" Device
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* 1st Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      ___________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)                                         AR20130022235





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ABCMR Record of Proceedings (cont)                                         AR20130022235



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