RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  9 August 2007
	DOCKET NUMBER:  AR20070004364 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Ms. Rea M. Nuppenau

Member

Mr. Dennis J. Phillips

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 correction of his military records to show award of the Bronze Star Medal with 2 Oak Leaf Clusters. 

2.  The applicant states, in effect, that he was notified by the National Personnel Records Center of his entitlement to award of the Bronze Star Medal with 2 Oak Leaf Clusters. 

3.  The applicant provides a copy of National Personnel Records Center letter, dated 28 December 2006, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 11 September 1967, the date of his release from active duty.  The application submitted in this case is dated 8 February 2007.

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 enlisted in the Regular Army on 19 November 1964 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71H (Personnel Specialist).  He served with the 51st Transportation Detachment in Vietnam from 30 June 1965 through 24 June 1966.  He was honorably released from active duty on11 September 1967.  The highest rank the applicant attained was specialist five/pay grade E-5.

4.  The applicant's records show entitlement to the following awards, decorations, and badges:

	a.  From his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) – the Armed Forces Expeditionary Medal; the Republic of 

Vietnam Campaign Medal with Device (1960); the National Defense Service Medal; the Vietnam Service Medal with 2 Bronze Service Stars; and the Good Conduct Medal.

	b.  From his DA Form 20 (Enlisted Qualification Record) – the Armed Forces Expeditionary Medal; the Republic of Vietnam Campaign Medal with Device (1960); the National Defense Service Medal; the Overseas Service Bar; the "1YrSafeDvrBdge" (sic); "Bronze Serv Star (1);" Bronze Serv Star (2);" and the Good Conduct Medal.

5.  There is nothing in the applicant's service records to show he is entitled to award of the Bronze Star Medal with 2 Bronze Oak Leaf Clusters.  There are no orders and there are no notations for this decoration on his DA Form 20.

6.  The applicant submitted a letter from the National Personnel Records Center, Saint Louis, Missouri, dated 28 December 2006, which shows he was entitled to, among other awards, award of the Bronze Star Medal with 2 Bronze Oak Leaf Clusters.

7.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Headquarters 5th Infantry Division, Special Orders Number 145 dated 25 May 1967 shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 26 April 1967.

9.  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 42, dated 1972.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  

11.  Army Regulation 600-8-22 further states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Bronze Star Medal.



12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B 
of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.   

13.  United States Army Vietnam (USARV) Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal could be 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.  An oak leaf cluster is added to denote a second and succeeding award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests he be awarded the Bronze Star Medal with 2 Oak Leaf Clusters based upon a letter from the National Personnel Records Center (NPRC).  This is not sufficient justification for award of the Bronze Star Medal and it appears the NPRC technician who reviewed the applicant's records made an error.  The applicant's DA Form 20 shows, in Item 41 (Awards and Decorations), that he is entitled to "Bronze Serv Star (1)" and "Bronze Serv Star (2)."  These are appurtenances worn on the appropriate service medal – in this case, the Vietnam Service Medal – to denote campaign participation.  It appears the NPRC technician misinterpreted these entries to mean "BRONZE STAR MEDAL with 2 bronze oak leaf clusters."

2.  There is no evidence (orders) in the applicant's records and the applicant has not provided sufficient evidence to show entitlement to the Bronze Star Medal.  

3.  The evidence of record further shows that based on his service in Vietnam and campaign participation, the applicant is entitled to two bronze service stars to be affixed to his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these additions.

4.  Evidence of record shows that the applicant qualified expert with the M-14 Rifle.  The corresponding qualification badge is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).


5.  The evidence of record shows that the applicant was awarded the "1YrSafeDvrBdge" (sic).  This is actually the Driver and Mechanic Badge with Driver-W Bar.  Therefore, he is entitled to correction of his records to show this badge.

6.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 September 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 10 September 1970.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jcr___  __rmn___  __djp___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to show award of the Bronze Star Medal with 2 Bronze Oak Leaf Clusters.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations 

prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of two bronze service stars for wear on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Driver and Mechanic Badge with Driver-W Bar.



							Jeffrey C. Redmann
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070004364
SUFFIX

RECON

DATE BOARDED
20070809
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.