IN THE CASE OF: BOARD DATE: 3 November 2011 DOCKET NUMBER: AR20110009240 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, the Air Medal, Army Commendation Medal (ARCOM) (Second Oak Leaf Cluster) with "V" Device, and Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he was separated on temporary records. 3. The applicant provides: * an award certificate for the ARCOM (First Oak Leaf Cluster) with "V" Device * his DD Form 214 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 10 June 1968. He completed his training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 30 November 1968 to 17 December 1969 and participated in four campaigns. On 16 June 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. 3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Vietnam Cross of Gallantry with Palm (correctly known as the Republic of Vietnam Gallantry Cross with Palm Unit Citation) * Vietnam Civil Acts Medal (correctly known as the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation) * Republic of Vietnam Campaign Medal with Device (1960) 4. His DD Form 214 shows he was separated on temporary records. 5. Orders, dated 27 January 1969, show he received the CIB. 6. Orders, dated 19 April 1969, show he received the ARCOM for outstanding achievement during the period November 1968 to April 1969. 7. Orders, dated 11 May 1969, show he received the ARCOM (First Oak Leaf Cluster) with "V" Device for heroism in Vietnam on 1 May 1969. 8. Orders, dated 24 May 1969, show he received the Air Medal. 9. Orders, dated 3 July 1969, show he received the ARCOM (Second Oak Leaf Cluster) for meritorious service during the period November 1968 to July 1969. 10. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit. DISCUSSION AND CONCLUSIONS: 1. Orders show he received the CIB, ARCOM (Second Oak Leaf Cluster) with "V" Device and Air Medal. His DD Form 214 should be corrected to show these awards. 2. The applicant is also eligible to wear four bronze service stars on his Vietnam Service Medal instead of the three bronze service stars now shown on his DD Form 214. 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 the CIB, ARCOM (Second Oak Leaf Cluster) with "V" Device and Air Medal to item 24 of his DD Form 214 and by showing he is eligible to wear four bronze service stars on his Vietnam Service Medal in lieu of the three bronze service stars now shown. _______ _ __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) AR20110009240 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110009240 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1