RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060007320 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Edward E. Montgomery

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the Bronze Star Medal be added to his discharge document.

2.  The applicant states that the Bronze Star Medal was not documented on his discharge document.

3.  The applicant provides a copy of a Citation for award of the Bronze Star Medal in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 14 December 1973, the date of release from active duty.  The application submitted in this case is dated 16 May 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's records show that he was inducted in the Army of the United States on 12 August 1969.  He completed basic training and advanced individual training and was awarded the military occupational specialty (MOS) 11B1O (Light Weapons Infantryman).  

4.  The applicant served in the Republic of Vietnam during the periods 12 January 1970 through 2 December 1970 and 4 July 1971 through 8 April 1972.  

5.  Records show that the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Purple Heart, and the Combat Infantryman Badge.

6.  The applicant was honorably released from active duty on 14 December 1973 and transferred to the Army National Guard.
7.  The applicant's records contain three DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge).

8.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Forms 214  do not show award of the Bronze Star Medal.

9.  The applicant submitted a Citation for award of the Bronze Star Medal.  This Citation shows that the applicant was awarded the Bronze Star Medal for distinguishing himself by outstandingly meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period January 1970 through December 1970.  

10.  There are no orders in the available records which awarded the applicant the Bronze Star Medal.

11.  Review of the applicant's records indicates entitlement to an additional award and decoration that are not shown on any of his DD Forms 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

13.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Bronze Star Medal was carefully considered and found to have merit.  The applicant provides a Bronze Star Medal Citation that shows he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period January through December 1970.  



2.  The evidence of record confirms the applicant served in the Republic of Vietnam from January 1970 to December 1970, which coincides with the period for which he received the Bronze Star Medal, as documented in the Citation he provided.  Further, the record shows that during this period, the applicant received numerous awards, which included the Purple Heart and Combat Infantryman Badge.  

3.  Although there are no orders in the available records announcing the Bronze Star Medal award documented in the citation provided, given the applicant's stellar record of combat service in the Republic of Vietnam, as evidence by the awards he received, there is no reason to doubt the validity of the Citation provided by the applicant.  The above factors help to confirm he was awarded the Bronze Star Medal for his service in connection with military operations against a hostile force in the Republic of Vietnam during the period January to December 1970.  Therefore, it would be appropriate and serve the interest of equity and justice to correct the applicant's record accordingly. 

4.  Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his record to show this award.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 December 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 14 December 1976.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the facts in this case.

BOARD VOTE:

_JEA____  _JLP___  __EEM___  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Bronze Star Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




_James E. Anderholm____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.