IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140013296
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 16 July 1969 be corrected to show he received a Bronze Star Medal with "V" device and a Bronze Star Medal for meritorious achievement.
2. The applicant states that due to an administrative error both of his Bronze Star Medals are not shown on his DD Form 214.
3. The applicant provides:
* DD Form 214
* Headquarters, 25th Infantry Division General Orders Number 3232, dated 27 April 1968
* certificate for the award of the Bronze Star Medal for heroism
* certificate for the award of the Bronze Star Medal with First Oak Leaf Cluster
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 applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center, St. Louis, Missouri, in 1973. It is believed that the applicants records were lost or destroyed in that fire. The records available for review were provided by the applicant.
3. On 17 July 1967, he was inducted into the Army of the United States.
4. His history of assignments and exact dates he served in the Republic of Vietnam are not available for review.
5. Headquarters, 25th Infantry Division General Orders Number 3232, dated
27 April 1968, awarded him the Bronze Star Medal with "V" device for action on 27 February 1968. The orders show he was assigned to Company A,
4th Battalion, 9th Infantry Division.
6. On 16 July 1969, he was released from active duty. His DD Form 214 shows he was awarded the Bronze Star Medal.
7. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the Bronze Star Medal with First Oak Leaf Cluster.
8. He provided a certificate awarding him the Bronze Star Medal with First Oak Leaf Cluster for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from December 1967 to December 1968.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict. This pamphlet shows the 4th Battalion, 9th Infantry was awarded the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - April 1966 - August 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 30 April 1966 - 21 January 1970
10. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. A "V" device is worn to denote participation in acts of heroism involving conflict with an armed enemy.
DISCUSSION AND CONCLUSIONS:
1. Orders show he was awarded the Bronze Star Medal with "V" device. Therefore, his DD Form 214 should be corrected to show this award.
2. His military service records were not available for review. The applicant has not provided the orders for the award of a second Bronze Star Medal. A review of ADCARS failed to reveal orders awarding him the Bronze Star Medal with First Oak Leaf Cluster. Therefore, there is insufficient evidence to add the award of a second Bronze Star Medal.
3. His orders for the award of the Bronze Star Medal with "V" device shows that on 27 February 1968 he was assigned to the 4th Battalion, 9th Infantry. Therefore, he is authorized the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
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 amending his DD Form 214 with an effective date of 16 July 1969 by:
a. deleting the Bronze Star Medal and;
b. adding the:
* Bronze Star Medal with "V" device
* 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 award of a second Bronze Star Medal.
_______ _ _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) AR20140013296
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ABCMR Record of Proceedings (cont) AR20140013296
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