IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140002294
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 "V" Device with his award of the Bronze Star Medal.
2. The applicant states the DD Form 214 does not reflect the "V" Device for valor.
3. The applicant provides General Orders (GO) Number 5090 issued by Headquarters, Americal Division, dated 2 August 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 enlisted in the Regular Army on 24 October 1966 and he held military occupational specialty 91B (Medical Specialist). He served in Vietnam from 5 December 1967 to 4 December 1968. He was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 20th Infantry Regiment.
3. GO Number 5090, dated 2 August 1968, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations in Vietnam on 25 April 1968.
4. He was honorably released from active duty on 23 October 1969. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Combat Medical Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M14)
* Bronze Star Medal
5. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. A silver service star will be worn in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns:
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* 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)
6. 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 1st Battalion, 20th Infantry Regiment was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 2 November 1968 to 28 February 1969 by Department of the Army General Orders Number 2, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Bronze Star Medal with "V" Device. His DD Form 214 inadvertently omitted the "V" Device. Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal with "V" Device.
2. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected to show this unit award.
3. He participated in five campaigns during his service in Vietnam. Therefore, he is entitled to a silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this silver service star.
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:
a. deleting from his DD Form 214 the Vietnam Service Medal and Bronze Star Medal and;
b. adding to his DD Form 214 the:
* Bronze Star Medal with "V" Device
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm 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) AR20140002294
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ABCMR Record of Proceedings (cont) AR20140002294
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