RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 November 2007
	DOCKET NUMBER:  AR20070011873 


	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

Ms. Rene’ R. Parker 

Analyst

The following members, a quorum, were present:


Ms. Barbara Ellis

Chairperson

Mr. Jose Martinez

Member

Mr. Chester Damian

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, through his Congressman, award of the Bronze Star Medal (BSM).

2.  The Congressman states that the applicant was awarded the BSM for his service in Vietnam and has the medal and the award in his possession.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of the BSM citation.

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.  Records show the applicant was inducted into the Army on 11 February 1969. He served in the Republic of Vietnam from 10 November 1969 to 21 October 1970.  The applicant was honorably released from active duty on 27 October 1970.

3.  The applicant provided a citation that shows he was awarded the BSM for outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period November 1969 to November 1970.  The BSM citation is not contained in the applicant’s Official Military Personnel File and there are no orders or certificate showing that he was awarded this award.  

4.  Item 24 (Awards and Decorations) on the applicant's DD Form 214 does not show award of the BSM.


5.  The applicant’s DA Form 20 (Enlisted Qualification Record), item 41 "Awards and Decorations", does not show the award of the BSM.

6.  A search of the Awards and Decorations Computer Assisted Retrieval System, a web based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to produce orders on the applicant awarding him the BSM.  However, orders for the award of the Army Commendation Medal, already listed on the applicant’s DD Form 214, was listed on this web site

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

8.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.

9.  The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that the 2nd Battalion, 2nd Infantry, to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.  This same document also shows that the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded by the Department of the Army General Orders Number 54, dated 1974, to all individuals who served in Vietnam between 20 July 1965 and 28 March 1973 in a unit which was subordinate to Headquarters, United States Army Vietnam.

10.  The applicant's DD Form 214 shows award of the Vietnam Service Medal.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in three campaigns during his tour of duty in Vietnam:  Vietnam Winter-Spring 1970, 
DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records to show that the applicant should be awarded the BSM.  The citation he provided, without orders or a 
certificate, that recognizes his service through November 1970, after his release date of 27 October 1970, is not sufficient evidence to substantiate the award of the BSM. 

2.  Evidence of record shows that the applicant is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The evidence also shows that the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.

3.  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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__BE ___  __JM____  __CD___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of 
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.




_____  Barbara Ellis___________
          CHAIRPERSON




INDEX

CASE ID
AR20070011873
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071108
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY/W NOTE
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.