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 2 Enclosures 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 DD Form 214 * adding the following awards to his DD Form 214 – * Bronze Star Medal with "V" Device * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * 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 DD Form 214 (Armed Forces of the United States 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 "V Device while hospitalized at the Walter Reed 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, 9th Infantry Division, General Orders Number 10400, dated 17 July 1969 * BSM Certificate, dated 17 July 1969 * 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 September 1968. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 29 March 1969 through 11 July 1969 where he was assigned to Company C, 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division. He participated in two campaigns. 4. His records contain: * Headquarters, 9th Infantry Division, Special Orders Number 122, dated 2 May 1969, awarding him the Combat Infantryman Badge * Headquarters, 9th Infantry Division, General Orders Number 10400, dated 17 July 1969, awarding him the BSM with "V" Device for heroism involving conflict with an armed hostile force in the Republic of Vietnam on 7 July 1969 5. The applicant provided a BSM Certificate, dated 17 July 1969, awarding him the BSM with "V" Device for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam on 7 July 1969. 6. He retired due to temporary disability and he was placed on the Temporary Disability Retired List on 6 November 1971. He completed 1 year, 1 month, and 16 days of total active service. His DD Form 214 shows he was awarded or authorized the: * Purple Heart * Army Commendation Medal with "V" Device with 1st Oak 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 Regulation 600-8-22 (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 Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 2nd Battalion, 60th Infantry 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 Number 59, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period July 1969 through 20 July 1970 by Department of Army General Orders Number 55, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1968 through 28 June 1969 by Department of Army General Orders Number 59, dated 1969 DISCUSSION: 1. Orders show he was awarded the BSM with "V" Device and the Combat Infantryman Badge. His DD Form 214 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 DD Form 214 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