RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2008
DOCKET NUMBER: AR20070014138
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 his record be corrected by adding two awards of the Bronze Star Medal (BSM), one for valor and one for meritorious service.
2. The applicant states, in effect, he is unsure why the awards in question were not included in his record.
3. The applicant provides the following documents in support of his application: BSM Certificate (Achievement), dated 9 June 1966; BSM Certificate (Achievement), dated 28 April 1967; BSM (Heroism) 2nd Oak Leaf Cluster with "V" (Valor) Device Certificate, dated 17 November 1968; BSM 3rd Oak Leaf Cluster (Service) Certificate, dated 15 January 1969; BSM 4th Oak Leaf Cluster (Achievement), dated 23 July 1970; and BSM 5th Oak Leaf Cluster (Achievement), dated 20 March 1972.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows that he initially enlisted in the Regular Army and entered active duty on 14 October 1959. He was trained in and awarded military occupational specialty (MOS) 111.17 (Rifleman), which was later converted to MOS 11B (Infantryman). His record shows he served in the Republic of Vietnam (RVN) for 79 months, from 8 July 1965 through 1 February 1972.
3. The applicant's Official Military Personnel File (OMPF) contains the following General Orders (GO), issued by the commands identified, which awarded the applicant six BSMs for the reasons and period indicated:
a. United States Army Vietnam (USARV) GO Number (#) 3526, dated
7 June 1966, for meritorious service (July 1965-June 1966);
b. 101st Airborne Division GO # 690, dated 28 April 1967, for meritorious service (9 July 1966-27 April 1967);
c. United States Military Assistance Command (MACV) GO # 3956, dated
17 November 1968, with "V" Device, for heroism (27 September 1968);
d. MACV GO # 227, dated 15 January 1969, for meritorious service
(January 1968-January 1969);
e. MACV GO # 3948, dated 23 July 1970, for meritorious service
(July 1969-July 1970);
f. MACV GO# 942, dated 30 March 1972, for meritorious achievement (March 1971-January 1972);
4. On 30 June 1980, the applicant was honorably released from active duty for the purpose of retirement after completing 20 years and 17 days of active military service. The list of awards contained in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time includes the entry BSM 4th Oak Leaf Cluster. There are no additional BSM awards or a "V" Device included in the BSM entry in this list of awards.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 3-14 contains guidance on award of the BSM. It states, in pertinent part, that it is awarded for meritorious service, achievement, or acts of heroism. Awards of the BSM for heroism are awarded with the Valor ("V") Device, and an Oak Leaf Cluster is awarded to denote a second or subsequent award of the BSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the BSM entry in the list of awards contained in Item 13 of his final DD Form 214, dated 30 June 1980, should show he has earned the BSM 5th Oak Leaf Cluster (6th Award) with "V" Device was carefully considered and found to have merit.
2. The applicant's record contains GOs that confirm the applicant received six awards of the BSM. Five of the awards were for meritorious service and achievement, and one was for heroism, which was awarded with a "V" Device. Therefore, the BSM entry on his final DD Form 214 should be "Bronze Star Medal 5th Oak Leaf Cluster (6th Award) with "V" Device."
BOARD VOTE:
___x____ ___x____ ___x____ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 13 of his 30 June 1980 DD Form 214 by deleting the current Bronze Star Medal portion of the entry and replacing it with the "Bronze Star Medal 5th Oak Leaf Cluster (6th Award) with "V" Device"; and by providing him a correction to the separation document that includes this change.
________x_____________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070014138
2
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