BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002794 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 BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002794 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: a.  deleting the Vietnam Service Medal from his DD Form 214 and b.  adding to his DD Form 214: * Bronze Star Medal with "V" Device with 1st Oak Leaf Cluster * Vietnam Service Medal with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation __________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. BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002794 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 Bronze Star Medal with "V" Device and any other authorized medals or awards. 2. The applicant states he would like a DD Form 215 issued to reflect award of the Bronze Star Medal with "V" Device. 3. The applicant provides: * Winnebago County Veterans Service Office letter, dated 21 January 2016 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge for the period ending 8 May 1967 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 October 1969 * Headquarters, Americal Division, General Orders Number 2044, dated 27 March 1969 * Bronze Star Medal Certificate 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 17 October 1967. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. Item 38 (Records of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company C, 5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade, in Vietnam from 27 March 1968 through 30 April 1969. He participated in five campaigns during his tour in Vietnam. 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) 5. Headquarters, Americal Division, General Orders Number 2044, dated 27 March 1969, awarded him the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) while assigned to 5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade, Vietnam. 6. On 16 October 1969, he was honorably released from active duty. His DD Form 214 for the period ending shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Bronze Star Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal * Air Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * First Class Gunner (currently known as Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60) REFERENCES: 1. 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States serving in Vietnam and its contiguous waters or airspace there over after 3 July 1965 through 28 March 1973. One bronze service star is authorized with the Vietnam Service Medal for participation in each campaign. A silver service star is worn instead of five bronze service stars. DISCUSSION: 1. General orders awarded him the Bronze Star Medal (1st Oak Leaf Cluster) with "V" Device, which is not listed on his DD Form 214. 2. He participated in five campaigns during his service in Vietnam. He is authorized one silver service star with his already-awarded Vietnam Service Medal. The silver service star is not listed on his DD Form 214. 3. General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units serving in Vietnam. This unit award is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002794 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002794 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2