IN THE CASE OF:	  

		BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150002006


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of a second Bronze Star Medal and only one bronze service star on his Vietnam Service Medal.

2.  The applicant makes no statement.

3.  The applicant provides copies of:

* A Letter from the National Personnel Records Center, dated 9 January 2015
* Certificate for award of the Bronze Star Medal for heroism, dated 22 June 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.  On 13 January 1964, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 642.10 (Heavy Vehicle Driver).

3.  On 28 April 1965, he was honorably discharged for the purpose of immediate reenlistment.  In 1966, he completed air traffic control (ATC) training and was awarded MOS 93B (ATC Operator).

4.  On or about 3 May 1967, the applicant departed Fort Rucker, Alabama for duty in the RVN.

	a.  On 22 June 1967, he was assigned to Headquarters and Headquarters Company, 11th Aviation Group, 1st Cavalry Division.

	b.  General Orders Number 5603, 1st Cavalry Division, dated 22 June 1968, announced the applicant’s award of the Army Commendation Medal with “V” Device for heroism for his action on 13 March 1968.

	c.  General Orders Number 6402, 1st Cavalry Division, dated 26 June 1968, announced the applicant’s award of the Bronze Star Medal with “V” Device for heroism for his action on 13 May 1968.

5.  On or about 17 June 1968, the applicant departed the RVN and returned to the United States for duty at Hunter Army Air Force Base, Georgia.

6.  On 28 April 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 5 years, 3 months and 16 days of creditable active duty service.  His DD Form 214 indicates he received the following awards:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal with one bronze service star
* RVN Campaign Medal with 1960 Device
* Good Conduct Medal
* National Defense Service Medal

7.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant’s
RVN service he participated in three campaigns.  The same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the Headquarters and Headquarters Company, 11th Aviation Group, 1st Cavalry Division, during the applicant's assignment, was cited in Department of the Army General Orders Number 59, dated 1969, for award of the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of a second Bronze Star Medal and only one bronze service star on his Vietnam Service Medal.

2.  General orders show the applicant was awarded the Bronze Star Medal with “V” Device and the Army Commendation Medal with “V” Device for heroism in the RVN. Therefore, these medals should be shown on his DD Form 214.

3.  Records show that the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of two additional bronze service stars to be affixed to his already-awarded Vietnam Service Medal with one bronze service star.

4.  Records show the applicant’s unit was awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, this foreign unit awards should be shown on his 
DD Form 214.

5.  The available evidence fails to show that the applicant was awarded a second Bronze Star Medal.  Therefore, this portion of his request should be denied.

6.  The applicant’s contention that his Vietnam Service Medal should only show one bronze service star does not agree with the available evidence of record.  Therefore, this portion of his request should be denied.

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 Vietnam Service Medal with one bronze service star; and

	b.  adding to his DD Form 214 the:

* Bronze Star Medal with “V” Device
* Army Commendation Medal with “V” Device
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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 a second Bronze Star Medal or only one bronze service star on his Vietnam Service 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)                                         AR20140000079



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ABCMR Record of Proceedings (cont)                                         AR20150002006



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