IN THE CASE OF: 

		BOARD DATE:	    30 September 2014

		DOCKET NUMBER:  AR20140001981 


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 (2nd Award) and Air Medal.

2.  The applicant states the Bronze Star Medal with "V" Device (2nd Award) and Air Medal are not shown on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* General Orders Number 7561, dated 27 July 1968
* General Orders Number 7943, dated 6 August 1968
* General Orders Number 10548, dated 7 October 1968

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 26 September 1966.

3.  On 22 October 1967, he was transferred to Vietnam.  He was assigned to the 97th Transportation Company during the period 26 October 1967 through 16 March 1968; to Headquarters and Headquarters Company, 1st Battalion, 26th Infantry Regiment, 1st Infantry Division, during the period 17 March through 23 July 1968; and to Company D, 1st Battalion, 26th Infantry Regiment, 1st Infantry Division, during the period 24 July through 14 September 1968.  He departed Vietnam en route to the United States on 15 September 1968.  During his service in Vietnam, he participated in four campaigns.

4.  Headquarters, 1st Infantry Division, General Orders Number 7561, dated 27 July 1968, awarded him the Bronze Star Medal with "V" Device for heroism not involving participation in aerial flight in connection with military operations against a hostile force in the Republic of Vietnam on 19 April 1968.

5.  Headquarters, 1st Infantry Division, General Orders Number 7943, dated 6 August 1968, awarded him the Bronze Star Medal with "V" Device with 1st Oak Leaf Cluster for heroism not involving participation in aerial flight in connection with military operations against a hostile force in the Republic of Vietnam on 19 April 1968.  The narrative reason in this citation is for a completely different action than that shown in General Orders Number 7561.

6.  Headquarters, 1st Infantry Division, General Orders Number 10548, dated 7 October 1968, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 19 November 1967 to 22 April 1968.

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Army Commendation Medal
* Combat Infantryman Badge
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  He was honorably released from active duty on 17 September 1968.  He completed 1 year, 11 months, and 22 days of active service, including 11 months and 26 days of foreign service in Vietnam.

9.  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)
* Army Commendation Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Army Good Conduct Medal

10.  Item 30 (Remarks) of his DD Form 214 does not show his dates of service in Vietnam.

11.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

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 the:

* 97th Transportation Company was awarded the Meritorious Unit Commendation for the period 6 December 1967 to 30 June 1968 by Department of the Army General Orders Number 11, dated 1973
* 1st Battalion, 26th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Orders Number 21, dated 1969
* 1st Battalion, 26th Infantry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by Department of the Army General Orders Number 53, dated 1970

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.



DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal with "V" Device (2nd Award), Air Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  His DD Form 214 should be corrected to show these awards.

2.  The applicant's units in Vietnam were awarded the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his periods of assignment.  His DD Form 214 should be corrected to show these unit awards.

3.  He served in Vietnam from 22 October 1967 to 15 September 1968.  The remarks block of his DD Form 214 does not show his dates of service in Vietnam.  As a related issue, his DD Form 214 should be corrected to show these dates of service.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* deleting award of the Bronze Star Medal and Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

* Bronze Star Medal with "V" Device (2nd Award)
* Air Medal
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* 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

* adding the entry "VIETNAM SERVICE FROM 22 OCTOBER 1967 TO 14 SEPTEMBER 1968" to item 30 of his DD Form 214



      _______ _ 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)                                         AR20140001981



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ABCMR Record of Proceedings (cont)                                         AR20140001981



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