IN THE CASE OF:	  

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20140014017 


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 and Army Commendation Medal.

2.  The applicant states he received the awards and they are not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Headquarters, Americal Division, General Orders Number 2766, dated 20 March 1970
* Headquarters, Americal Division, General Orders Number 3611, dated 7 April 1970
* Army Commendation Medal Certificate
* Bronze Star Medal Certificate

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 2 December 1968.

3.  He served in Vietnam during the period 16 May 1969 to 10 April 1970 and he participated in three campaigns.  While in Vietnam, he was assigned to:

* 23d Administration Company Replacement Detachment from 20 May 1969 through 25 May 1969
* Headquarters and Headquarters Company, 4th Battalion, 3d Infantry Regiment, 11th Brigade, from 26 May 1969 to 10 April 1970

4.  Headquarters, Americal Division, General Orders Number 2766, dated 20 March 1970, awarded him the Army Commendation Medal for meritorious achievement during the period 25 February 1970 to 29 February 1970.

5.  Headquarters, Americal Division, General Orders Number 3611, dated 7 April 1970, awarded him the Bronze Star Medal for meritorious service during the period May 1969 to May 1970.

6.  Headquarters, 30th Military Police Battalion, General Orders Number 48, dated 17 November 1970, awarded him the Army Good Conduct Medal (1st Award) for the period 2 December 1968 through 1 December 1970.

7.  His DA Form 20 (Enlisted Qualification Record) shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  On 1 December 1970, he was honorably released from active duty.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart

9.  His records are void of and he failed to provide orders showing award of the Bronze Star Medal with "V" Device.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for award of the Bronze Star Medal with "V" Device pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

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 4th Battalion, 3d Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August through 31 December 1969 and 31 March through 30 June 1970.

13.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  His records are void of and he failed to provide orders awarding him the Bronze Star Medal with "V" Device.  Therefore, there is an insufficient evidentiary basis to grant the requested relief.

2.  General orders awarded him the Bronze Star Medal, Army Commendation Medal, and Army Good Conduct Medal; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He was awarded the Vietnam Service Medal and he participated in three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show this award with three bronze service stars.

4.  General orders awarded the unit to which he was assigned in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for periods that coincided with his assignment to that unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Records show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show these qualification badges.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 award of the Vietnam Service Medal from his DD Form 214 and

   b.  adding the following awards to his DD Form 214:

* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined 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 award of the Bronze Star Medal with "V" Device.



      _______ _   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)                                         AR20140014017



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ABCMR Record of Proceedings (cont)                                         AR20140014017



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