RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060011474 


	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. Gerard W. Schwartz

Acting Director

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson  

Chairperson

Mr. Larry W. Racster

Member

Mr. Rodney E. Barber

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, in effect, that the Bronze Star Medal be added to his discharge document.

2.  The applicant states that the Bronze Star Medal is not shown on his discharge document.

3.  The applicant provides a copy of a Citation for award of the Bronze Star Medal and a Certificate of award for 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 1 July 1970, the date of release from active duty.  The application submitted in this case is dated 26 July 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 2 July 1968.  He completed basic training and advanced individual training and was awarded the military occupational specialty (MOS) 11B2O (Light Weapons Infantryman).  The applicant was honorably released from active duty on 1 July 1970 and transferred to the United States Army Reserve Control Group (Annual Training).

4.  Records show that the applicant was enroute to the Republic of Vietnam on 9 November 1968.

5.  The applicant served in the Republic of Vietnam during the period 1 December 1968 through 27 November 1969.  The applicant records show he was assigned to Company I (Ranger) 75th Infantry of the 1st Infantry Division during the period 1 February 1969 through 27 November 1969.

6.  Records show that the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal Device 1960, the Vietnam Cross of Gallantry with Palm Unit Citation, the Combat Infantryman Badge, and the Air Medal.

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

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was authorized award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for Qualifying with the M-14 Rifle and the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 Rifle.  These awards are not shown on his DD Form 214. 

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 November 1968 through November 1969.  

10.  The applicant submitted a certificate for award of the Bronze Star Medal.  This certificate shows that the applicant was awarded the Bronze Star Medal for Meritorious Achievement in ground operations against hostile forces in the Republic of Vietnam during the period November 1968 through November 1969. This certificate was authenticated by the major general in command of the U.S. Army and the Secretary of the Army.

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

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period February 1969 through April 1970, based on Department of the Army General Orders Number 53, dated 1970.




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.  

2.  The applicant provides a Bronze Star Medal Citation and a Bronze Star Medal Certificate which 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.  

3.  The evidence of record confirms the applicant served in the Republic of Vietnam from 1 December 1968 to 30 November 1969, which coincides with the period for which he received the Bronze Star Medal, as documented in the Citation and the Certificate he provided.  Further, the record shows that during this period, the applicant received numerous awards, which included the Combat Infantryman Badge and the Air Medal.  

4.  Although there are no orders in the available records announcing the Bronze Star Medal the award is documented in the Citation provided and 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 evidence provided by the applicant.  

5.  Additionally, the Certificate for award of the Bronze Star Medal was authenticated by appropriate officials.  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 November 1968 to November 1969.  Therefore, it would be appropriate and serve the interest of equity and justice to correct the applicant's record accordingly. 

6.  Orders show the applicant was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his record to show this foreign award.

7.  Evidence of record shows that the applicant was authorized award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14, and the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 Rifle.  Therefore, the applicant is entitled to correction of his records to show these badges. 

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 July 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 June 1973.  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:

__LWR_ _   __MKP__  _REB___  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, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14, and the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 Rifle.




_ M. K. Patterson_
          CHAIRPERSON




INDEX

CASE ID
AR20060011474
SUFFIX

RECON

DATE BOARDED
2007/03/15
TYPE OF DISCHARGE
HD
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.