IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100008174 


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 the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device.

2.  The applicant states that St. Louis continues to tell him there is no record even though he has sent proof since July or August 2009.

3.  The applicant provides General Orders Number 3337, issued by Headquarters, 9th Infantry Division, dated 20 March 1969 and accompanying citation awarding him the Bronze Star Medal (First Oak Leaf Cluster).

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 14 April 1967.  He served in the Republic of Vietnam (RVN) from 10 April 1968 to 6 April 1969.

3.  General Orders Number 2261, issued by Headquarters, 9th Infantry Division, dated 26 February 1969 awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military actions involving conflict with an armed hostile force in the Republic of Vietnam on 4 January 1969.

4.  General Orders Number 3337, dated 20 March 1969, awarded him a subsequent Bronze Star Medal (First Oak Leaf Cluster) for meritorious service in the Republic of Vietnam for the period April 1968 to March 1969.

5.  The applicant was released from active duty on 7 April 1969.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized) of his DD Form 214 shows the Bronze Star Medal with “V” Device as an authorized award.

6.  On 11 January 2010, a DD Form 215 (Correction to DD Form 214) was issued which added the following awards to the applicant’s DD Form 214:

* Vietnam Service Medal with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Silver Star Medal
* RVN Civil Actions Unit Citation

7.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 currently reflects the Bronze Star Medal with “V” Device.

2.  Orders published on 20 March 1969 show the applicant was awarded the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service from April 1968 to March 1969.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device, denoting two awards of the Bronze Star Medal.


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:

   a.  deleting from item 24 of his DD Form 214 the Bronze Star Medal with "V" Device and

   b.  adding to item 24 of his DD Form 214 the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device.



      ____________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)                                         AR20100008174



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR2010