BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150002251 


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 his award of the Bronze Star Medal with "V" Device and expeditious processing of his request.

2.  The applicant states he was awarded the Bronze Star Medal with "V" Device on 4 August 1968 by General Orders (GO) Number 5149.  The original orders contain incorrect social security and service numbers.  Corrected copies were issued in 1973 and 1974.  He earned this award and it should be reflected on a DD Form 215 (Correction to DD Form 214).  He is requesting expeditious processing as it has been over 40 years.

3.  The applicant provides copies of the following:

* GO Number 5149
* Bronze Star Medal with "V" Device certificate
* corrected GO memorandum
* letter from Headquarters, Fort Stewart, GA
* photograph of the Bronze Star Medal with "V" Device

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 the cases 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.

2.  The applicant's military records show he was inducted into the Army of the United States on 11 January 1967 and he held military occupation specialty 11B (light weapons infantryman).  

3.  He served in:

* Hawaii from 5 April through 4 December 1967 and was assigned to Company C, 4th Battalion, 3rd Infantry, 11th Infantry Brigade
* Vietnam from 5 December 1967 through on or about 26 November 1968, during five campaigns and he was assigned to:

* Company D, 4th Battalion, 3rd Infantry, 11th Infantry Brigade, from 5 December 1967 through 10 July 1968
* Company A, 4th Battalion, 21st Infantry, 11th Infantry Brigade, from 11 July 1968 through 25 November 1968

4.  GO Number 5149, issued by Headquarters, Americal Division on 4 August 1968, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 8 April 1968.  

5.  He was honorably released from active duty in pay grade E-1 on 8 February 1969 and he was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 1 year, 11 months, and 28 days of net active service and 30 days of time lost.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists all the awards listed on his DD Form 214.

7.  He provided:

* Bronze Star Medal with "V" Device certificate, dated 14 May 1973
* corrected GO memorandum, dated 8 January 1974, wherein he was advised his social security and service numbers were amended on GO Number 5149
* letter from Headquarters, Fort Stewart, GA, dated 4 March 1974, wherein he was provided the Bronze Star Medal with "V" Device and allied papers pertaining to the award
* photograph of the Bronze Star Medal with "V" Device

8.  Army Regulation 600-8-22 (Military Award) states a bronze service star is authorized for wear on the Vietnam Campaign Medal to denote campaign participation.  A silver service star denotes five bronze service stars.

9.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  It is ABCMR policy to consider cases based on the date the application is received.  Current policy only provides for expediting cases in extraordinary circumstances, such as imminent death.  There are no provisions for expediting cases for the purpose of adding missing awards.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal with "V" Device during his period of service in Vietnam.  This award is not listed on his DD Form 214.

2.  He was awarded the Vietnam Service Medal.  He also participated in five campaigns during his service in Vietnam.  He meets the criteria for award of five bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  Headquarters, U.S. Army Vietnam and its subordinate units were authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  This unit award is not listed on his DD Form 214. 

4.  With regard to expediting his application, the ABCMR usually processes cases in the order they are received.  The Board understands the circumstances that bring about applications to the ABCMR, many are urgent, and for all other kinds of cases.  Soldiers who file the same kind of application are usually in similar circumstances and often have similar needs to have their cases processed quickly.  The Board understands the effects that processing times can have on Soldiers and their families.  However, it would not be appropriate for the Board to give preferential treatment to one Soldier over another, and disadvantage a Solider or another by delaying one case to first process another that was filed later.  No matter how short or long the normal processing time, the Board normally processes cases in order based on when they were received.

BOARD VOTE:

___x_____  __x______  _x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* one silver service star for his already-awarded 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)                                         AR20150002251





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ABCMR Record of Proceedings (cont)                                         AR20150002251



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