IN THE CASE OF:	  

		BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140001229 


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, the widow of a deceased former service member (FSM), requests the correction of her late husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Bronze Star Medal with "V" Device.

2.  The applicant states his DD Form 214 only shows the Bronze Star Medal; however, he received two awards of the Bronze Star Medal with "V" Device.  His death was service-connected and he deserves to have an accurate DD Form 214.

3.  The applicant provides the FSM's death certificate, two orders, the second page of an order, and two certificates.

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 FSM was inducted into the Army of the United States on 28 November 1966.  

3.  He served in Korea from 8 May 1967 to 8 September 1967 while assigned to the 2nd Battalion, 9th Infantry Regiment.  

4.  He served in Vietnam from 22 October 1967 to 19 October 1968 while assigned to the 4th Battalion, 39th Infantry Regiment.

3.  The applicant provides (and the FSM's record contains) the following General Orders (GO), issued by Headquarters, 9th Infantry Division:

* GO Number 8709, dated 19 September 1968, awarded the FSM the Bronze Star Medal with "V" Device for heroism on 8 August 1968
* GO Number 9214, dated 24 September 1968, awarded the FSM the Bronze Star Medal with "V" Device for heroism 25 August 1968
* GO Number 9719, dated 7 October 1968, amended GO Number 9214 to read Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) [i.e. 2nd Award]

4.  He was honorably released from active duty on 20 October 1968 in the rank of staff sergeant (SSG) and was transferred to the U.S. Army Reserve.  He completed 1 year, 10 months, and 23 days of creditable active service with no lost time.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal
* Air Medal
* Army Commendation Medal
* Combat Infantryman Badge

5.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  Item 41 (Awards and Decorations) of this form shows he was awarded or authorized the  Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award). 

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

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

   a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who 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.
   
   b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in four campaigns.

	c.  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.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" Device may be worn on awards of these medals.

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 4th Battalion, 39th Infantry Regiment was cited for award of the:

* Valorous Unit Award, for the period 6 through 12 May 1968 by DAGO Number 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 August 1967 through 31 October 1968 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the FSM was twice awarded the Bronze Star Medal with “V” Device; however, his DD Form 214 shows only one award of the Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal (2nd Award) and with "V" Device.

2.  The evidence of record confirms he served honorably from 28 November 1966 to 20 October 1968.  He served with distinction in Vietnam, he received all “excellent” conduct and efficiency ratings throughout his service, and he attained the rank of SSG.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to it.

3.  His record confirms during his service in Vietnam he participated in four campaigns.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

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

5.  The evidence of record confirms the applicant served in Korea during a qualifying period for entitlement to the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

6.  His record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, his DD Form 214 should be corrected to show this badge.





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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 28 November 1966 through 20 October 1968
* deleting from his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal
* adding to his DD Form 214 the:

* Bronze Star Medal (2nd Award) and with "V" Device 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Korea Defense Service Medal
* Sharpshooter 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)                                         AR20140001229





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ABCMR Record of Proceedings (cont)                                         AR20140001229



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