IN THE CASE OF:	  

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20140017032 


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 (BSM) with "V" Device.

2.  The applicant states he was awarded the BSM for valor and his DD Form 214 does not show the "V" Device with his BSM.

3.  The applicant provides:

* BSM with "V" Device orders
* BSM with "V" Device 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 21 March 1969.  He arrived in Vietnam on 16 August 1969.  He served as a light weapons infantryman assigned to the following units and periods:

* Company B, 4th Battalion, 31st Infantry Regiment, from 30 August 1969 to 27 March 1970
* 176th Aviation Company from 28 March 1970 to 15 August 1970

3.  Headquarters, Americal Division, General Orders Number 11390, dated 3 November 1969, awarded him the BSM with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 11 September 1969.

4.  Headquarters, Americal Division, General Orders Number 8291, dated 7 July 1970, awarded him the Army Commendation Medal (ARCOM) for meritorious service in the Republic of Vietnam during the period 1 August 1969 through 1 August 1970.

5.  Records show he participated in four campaigns during his assignment in Vietnam.

6.  On 22 January 1971, he was honorably released from active duty in the rank of specialist four after completing 1 year, 10 months, and 2 days of creditable active service with no lost time.

7.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal (VSM)
* BSM
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the BSM with "V" Device.

9.  There are no orders for any other BSM in his available records.

10.  A 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for any other BSM pertaining to the applicant.

11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal (AGCM).  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

13.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  The 4th Battalion, 31st Infantry Regiment, was awarded the:

* Presidential Unit Citation (PUC) for actions during the period 
11-31 August 1969 in Department of the Army General Orders (DAGO) Number 42, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 24 August-31 December 1969 in DAGO Number 6, dated 1974

	b.  The 176th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 31 March-30 June 1970 in DAGO Number 42, dated 1972.

	c.  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.  The applicant's DD Form 214 shows the BSM as an authorized award but orders show he was, in fact, awarded the BSM with "V" Device.  Therefore, his DD Form 214 should be corrected to show award of the BSM with "V" Device.

2.  Orders show he was awarded the ARCOM.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  He was released from active duty in the rank of specialist four with 22 months of creditable active service with no lost time.  It appears he met the eligibility criteria for the first award of the AGCM for the period 21 March 1969 through 22 January 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

4.  He participated in four campaigns during his assignment in Vietnam which authorizes award of the VSM with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  The 4th Battalion, 31st Infantry Regiment, was awarded the PUC during his period of assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The 4th Battalion, 31st Infantry Regiment, and 176th Aviation Company were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment in Vietnam.  Although he is entitled to wear only one of these unit awards, his DD Form 214 should be corrected to show two unit awards.

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.  awarding him the AGCM (1st Award) for the period 21 March 1969 through 22 January 1971;

	b.  deleting award of the BSM and VSM from his DD Form 214; and

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

* BSM with "V" Device
* ARCOM
* AGCM (1st Award)
* VSM with four bronze service stars
* PUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (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)                                         AR20140017032



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ABCMR Record of Proceedings (cont)                                         AR20140017032



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