IN THE CASE OF:  

		BOARD DATE:  3 December 2014	  

		DOCKET NUMBER:  AR20140006161 


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 add the Bronze Star Medal with "V" Device (2nd Award) and the Army Commendation Medal with "V" Device.

2.  The applicant states, in effect, his DD Form 214 did not list all of his awards.

3.  The applicant provides no additional evidence. 

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 4 November 1968.  He held military occupational specialty 11B (Light Weapons Infantryman) and attained the rank/grade of staff sergeant (SSG)/E-6.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 23 October 1969 to 17 September 1970 and he served with 2nd Battalion, 327th Infantry Regiment from 5 November 1969 to 16 September 1970.

4.  General Orders (GO) Number 9686, issued by Headquarters, 101st Airborne Division, Vietnam, on 20 August 1970 awarded him the Army Commendation Medal with "V" Device (First Oak Leaf Cluster).

5.  The following three sources failed to reveal any evidence of the Bronze Star Medal with "V" Device (2nd Award):  

	a.  item 41 (Awards and Decorations) of his DA Form 20 does not list the Bronze Star Medal "V" Device (2nd Award) among his awards.

	b.  His record does not contain official orders awarding him the Bronze Star Medal with "V" Device (2nd Award).  

	c.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Bronze Star Medal "V" Device (2nd Award) pertaining to him.

6.  He was honorably released from active duty on 19 September 1970.  His 
DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device "1960"
* Army Good Conduct Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969)
* Vietnam Winter- Spring 1970 (1 November 1979 – 30 April 1970
* DA Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971)

8.  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:

	a.  Headquarters, U.S. Army Vietnam and its subordinate units was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 197, by DAGO Number 8, dated 1974.

	b.  2nd Battalion, 327th Infantry was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 
18 March 1968 to 2 May 1970, by DAGO Number 48, dated 1971.

9.  Army Regulation 600-8-22 states:

	a.  the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in 
military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  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.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence of record and the applicant did not provide sufficient evidence to show he was recommended for or awarded the Bronze Star Medal with "V" Device (2nd Award).  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.

2.  GO awarded him the Army Commendation Medal with "V" Device (2nd Award); therefore, he is entitled to correction of his DD Form 214 to show this award.

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; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  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 to be affixed to his previously-awarded Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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:

* Army Commendation Medal 
* Vietnam Service Medal

	b.  adding to his DD Form 214 the:

* Army Commendation Medal with "V" Device (2nd Award)
* 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

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Bronze Star Medal with "V" Device (2nd Award).  



      ___________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)                                         AR20140006161





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ABCMR Record of Proceedings (cont)                                         AR20140006161



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