RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 February 2008
	DOCKET NUMBER:  AR20070015808 


	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. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Marla J. N. Troup

Member

Mr. David R. Gallagher

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 Report of Transfer or Discharge (DD Form 214) to show that he was awarded the Bronze Star Medal and two Overseas Service Bars.

2.  The applicant states, in effect, that a failure to include his Bronze Star Medal on his DD Form 214 was probably an oversight and that his Enlisted Qualification Record (DA Form 20) is annotated to reflect his award of the Bronze Star Medal. He also states that the 10 months that he served in Vietnam authorizes him award two bronze service stars.

3.  The applicant provides in support of his application, a copy of his DD Form 214; a copy of his DA Form 20; a copy of a certificate, which indicates that he was awarded the Bronze Star Medal; a copy of the citation, which indicates that he was presented the Bronze Star Medal; a copy of General Orders Number 3972, awarding him the Bronze Star Medal; and copies of the certificate, citation and orders awarding him the Army Commendation Medal.

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.  On 1 December 1969, the applicant enlisted in the Regular Army in Beckley, West Virginia, for 3 years, in the pay grade of E-1.  He successfully completed his training as a wheel vehicle mechanic.  He was subsequently transferred and he arrived in Vietnam on 8 May 1970.  He was assigned to Headquarters and Headquarters Company, 4th Battalion, 9th Infantry Brigade, 25th Infantry Division, on 17 May 1970.  He was assigned to Headquarters and Headquarters Company, 2nd Brigade, 1st Cavalry Division on 26 November 1970.

3.  On 27 February 1971, General Orders Number 3972 was published awarding the applicant the Bronze Star Medal for meritorious service, not involving participation in aerial flight, in connection with ground operations against a hostile enemy force in the Republic of Vietnam, for the period covering May 1970 through March 1971.

4.  The applicant departed Vietnam on 13 March 1971.  Upon his arrival in the Continental United States, he was assigned to Company B, Headquarters Command, Fort Polk, Louisiana.  

5.  The applicant DA Form 20 shows that while he was in the Army, he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal (First Oak Leaf Cluster), the Bronze Star Medal, one Overseas Service Bar, and the Vietnam Campaign Medal.

6.  The applicant was honorably released from active duty (REFRAD) on 5 June 1972 and he was transferred to the United States Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal (First Oak Leaf Cluster), the Marksman Marksmanship Qualification Badge (Rifle M-16), and the Marksman Marksmanship Qualification Badge (Rifle M-14).  However, his DD Form 214 fails to reflect his award of the Bronze Star Medal or any Overseas Service Bars.

7.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.



8.  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 the unit, to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973.

9.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Sanctuary Counteroffensive campaign, which extended from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase VII campaign, which extended from 1 July 1970 through 30 June 1971.  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.  An error was made during the preparation of the applicant's DD Form 214 which resulted in the omission of his Bronze Star Medal.  He was awarded the Bronze Star Medal in General Orders Number 3972 and his DD Form 214 should be corrected to reflect this decoration.

2.  The applicant's records also show that the unit to which he was assigned was cited in orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this award should also be included on his DD Form 214. 

3.  Additionally, the applicant is entitled to two Bronze Service Stars for inclusion on his Vietnam Service Medal to reflect his campaign participation while he was in Vietnam.

4.  However, in accordance with Army Regulation 670-1, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a United States Service in Vietnam from 1 July 1958 to 28 March 1973.  He was overseas from 8 May 1970 until 13 March 1971; therefore, he is entitled to only one Overseas Service Bar.

5.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__RTD__  __DRG__  __MJNT__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show that he was awarded the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two Bronze Service Stars for inclusion on his Vietnam Service Medal, and one Overseas Service Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to reflect a second Overseas Service Bar.




________Richard T. Dunbar____
          CHAIRPERSON



INDEX

CASE ID
AR20070015808
SUFFIX

RECON

DATE BOARDED
2008/02/28
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  46
107.0000/AWARDS AND DECORATIONS
2.  189
110.0000/SEPARATION DOCUMENTS
3.  1
110.0400/ADD APPROVED AWARDS
4.

5.

6.