AR20150009994

IN THE CASE OF:

BOARD DATE: 21 April 2016

DOCKET NUMBER: AR20150009994

BOARD VOTE:

____x____ ___x___ ___x____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 21 April 2016

DOCKET NUMBER: AR20150009994

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:

* deleting award of the Vietnam Service Medal from his DDForm214
* adding the following awards to his DDForm214

* Bronze Star Medal with “V”Device
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2ndAward)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge

__________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.

IN THE CASE OF:

BOARD DATE: 21 April 2016

DOCKET NUMBER: AR20150009994

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 DDForm214 (Armed Forces of the UnitedStates Report of Transfer or Discharge) to reflect award of the Bronze Star Medal (BSM) with “V”Device and any other awards to which he may be entitled.

2. The applicant states:

* he was awarded the BSM with “VDevice while hospitalized at the WalterReed Army Medical Center
* it is important to him that his records reflect the awards he earned
* he is also requesting any other medals, awards, or citations to which he may be entitled but were not awarded prior to his discharge

3. The applicant provides:

* Headquarters, 9thInfantry Division, General Orders Number10400, dated 17July 1969
* BSM Certificate, dated 17July 1969
* DDForm214

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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 UnitedStates on 10September 1968.

3. His DAForm20 (Enlisted Qualification Record) shows he served in Vietnam from 29March 1969 through 11July 1969 where he was assigned to CompanyC, 2ndBattalion, 60thInfantry Regiment, 9thInfantry Division. He participated in two campaigns.

4. His records contain:

* Headquarters, 9thInfantry Division, Special Orders Number 122, dated 2May 1969, awarding him the Combat Infantryman Badge
* Headquarters, 9thInfantry Division, General Orders Number10400, dated 17July 1969, awarding him the BSM with “V”Device for heroism involving conflict with an armed hostile force in the Republic of Vietnam on 7July 1969

5. The applicant provided a BSM Certificate, dated 17July 1969, awarding him the BSM with “V”Device for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam on 7July 1969.

6. He retired due to temporary disability and he was placed on the Temporary Disability Retired List on 6November 1971. He completed 1year, 1month, and 16days of total active service. His DDForm214 shows he was awarded or authorized the:

* PurpleHeart
* Army Commendation Medal with “V”Device with 1stOak Leaf Cluster
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device(1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar
REFERENCES:

1. Army Regulation600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states a bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign.

2. Department of the Army Pamphlet672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 2ndBattalion, 60thInfantry Regiment, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1969 through June 1969 by Department of Army General Orders Number59, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periodJuly 1969 through 20July 1970 by Department of Army General Orders Number55, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19December 1968 through 28June 1969 by Department of Army General Orders Number59, dated 1969

DISCUSSION:

1. Orders show he was awarded the BSM with “V”Device and the Combat Infantryman Badge. His DDForm214 does not reflect this award or this badge.

2. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation on two occasions and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. His DDForm214 does not show these unit awards.

3. He was awarded the Vietnam Service Medal. His records reflect he participated in two campaigns and is authorized two bronze service stars with the Vietnam Service Medal.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009994

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009994

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2