IN THE CASE OF:	  

		BOARD DATE:	  13 October 2015

		DOCKET NUMBER:  AR20150002984 


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 the Army Commendation Medal with "V" Device.

2.  The applicant states awards did not make a difference during the Vietnam era.  

3.  The applicant provides a certificate showing award of the Army Commendation 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 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 enlisted in the Regular Army on 8 August 1967 and he held military occupational specialties 62B (Engineer Equipment Repairer) and 62E (Forklift Loader/Operator). 

3.  Special Orders (SO) Number 338, issued by Headquarters, U.S. Army Engineer Center, Fort Leonard Wood, MO on 4 December 1967 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  He served in Vietnam from 4 January 1968 to 19 March 1970.  He was assigned as follows: 

* from 9 January 1968 to 6 November 1969 to Company B, 299th Engineer Battalion 
* from 7 November 1969 to 19 March 1970 to 15th Engineer Company 

5.  He was twice wounded in action as follows: 

* on 30 January 1968, he suffered minor cuts about his body; he was in base camp when hit by a blast from a hostile mortar
* on 19 August 1968, he suffered minor cuts about his body; he received metal fragment wounds to the right shoulder and back while on combat operations when hit by fragments from an enemy artillery round 

6.  General Orders (GO) Number 152, issued by Headquarters (HQ), 18th Engineer Brigade on 4 March 1968 awarded him the Purple Heart for wounds received in action on 30 January 1968.

7.  GO Number 51, issued by HQ, 937th Engineer Group (Combat) on 2 October 1968 awarded him the Purple Heart for wounds received in action on 19 August 1968.  

8.  His service records do not contain GO awarding him the Army Commendation Medal with "V" Device.  However, he provides a certificate, issued by HQ, 18th Engineer Brigade on 19 March 1968, showing he was awarded the Army Commendation Medal with "V" Device for heroism in the Republic of Vietnam on 30 January 1968. 

9.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 22 March 1970.  His DD Form 214 shows he completed 2 years, 7 months, and 15 days of active service with no lost time.  It also shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Purple Heart with oak leaf cluster
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* 4 overseas service bars 

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star denotes five bronze service stars.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  Despite the absence of the GO awarding him the Army Commendation Medal with "V" Device, the certificate he provides is consistent with his unit of assignment, the date he was wounded in Vietnam, and the issuing headquarters. There is sufficient evidence to support his contention that he indeed received this award, which is not listed on his DD Form 214.  

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) which is not shown on his DD Form 214.  

3.  GO awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award is not shown on his DD Form 214.
4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in 8 campaigns while serving in the Republic of Vietnam.  He meet the criteria for award of a silver service star and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and is authorized a correction of his DD Form 214 to reflect these service stars.

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 adding to his DD Form 214 the:

* Army Commendation Medal with "V" Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* silver service star and three bronze service stars to be affixed to 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)                                         AR20150002984



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ABCMR Record of Proceedings (cont)                                         AR20150002984



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