IN THE CASE OF:	  

	BOARD DATE:	  03 July 2008

	DOCKET NUMBER:  AR20070018862 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his Report of Transfer or Discharge (DD Form 214) be corrected to show that he was awarded the Bronze Star Medal (First Oak Leaf Cluster).

2.  The applicant states that his award was not entered on his DD Form 214 by the unit clerk of the 92nd Engineer Battalion, when he was in the Republic of Vietnam.

3.  The applicant provides in support of his application, a copy of a certificate awarding him the Bronze Star Medal dated 18 August 1968; and a copy of a citation awarding him the Bronze Star Medal (First Oak Leaf Cluster).

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 9 September 1963, the applicant enlisted in the Regular Army (RA) in Philadelphia, Pennsylvania, for 3 years, in the pay grade of E-1.  He successfully completed his training as an infantry direct fire crewman.  He was transferred to Korea on 21 February 1964.

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that during this period of enlistment, he was awarded the National Defense Service Medal, the Army Good Conduct Medal (First Award), and the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant returned to the Continental United States (CONUS) on 6 March 1965.  After completing 2 years, 11 months and 23 days of total active service as an enlisted member of the United States Army, the applicant was honorably discharged on 1 September 1966 to accept a commission as a second lieutenant (O-1) in the United States Army Reserve (USAR).

5.  The DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the National Defense Service Medal; and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  However, the Army Good Conduct Medal was omitted from his DD Form 214.

6.  On 2 September 1966, the applicant was ordered to active duty as a USAR commissioned officer in the rank of second lieutenant.  He was transferred to Vietnam on 12 July 1967.

7.  While in Vietnam, the applicant participated in the following four campaigns of the Vietnam War:  Vietnam Counteroffensive Campaign, Phase III, which extended from 1 June 1967 through 29 January 1968; Tet Counteroffensive Campaign, which extended from 30 January 1968 through 1 April 1968; the Vietnam Counteroffensive Campaign, Phase IV, which extended from 2 April 1968 through 30 June 1968; and the Vietnam Counteroffensive Campaign, Phase V, which extended from 1 July 1968 through 1 November 1968.

8.  The applicant returned to the CONUS on 2 September 1968.  However, he was transferred to Vietnam again on 17 January 1971 and while in Vietnam during this period, he participated in the following three campaigns:  the Vietnam 
Counteroffensive Campaign, Phase VII, which extended from 1 July 1970 through 30 June 1971; Consolidation I Campaign, which extended from 1 July 1971 through 30 November 1971; and Consolidation II Campaign, which extended from 1 December 1971 through 29 March 1972.


9.  On 4 February 1972, Headquarters, U.S. Army Engineer Command, Vietnam General Orders Number 203 was published awarding the applicant the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service in the Republic of Vietnam from 10 March 1971 to 9 March 1972.

10.  The applicant's Officer Qualification Record (DA Form 66) shows that his awards include the National Defense Service Medal, the Army Good Conduct Medal (First Award), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Bronze Star Medal, two Overseas Service Bars, the Meritorious Unit Commendation (First Oak Leaf Cluster).

11.  The applicant returned to CONUS on 19 January 1972.  He was honorably released from active duty (REFRAD) on 22 August 1973 and he was transferred to the United States Army Reserve Control Group (Standby).

12.  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 Army Good Conduct Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Bronze Star Medal, two Overseas Service Bars, and the Meritorious Unit Citation (First Oak Leaf Cluster).  However, the Bronze Star Medal (First Oak Leaf Cluster) was omitted from his DD Form 214.

13.  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 8, dated 1974.  This unit award is not reflected on the applicant's DD Form 214.

14.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a Bronze Service Star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized Bronze Service Stars will be worn on the appropriate service medal.  In this case, the Vietnam Service Medal

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to have the Bronze Star Medal (First Oak Leaf Cluster) included on his DD Form 214.  His records show that General Orders Number 203 was published on 4 February 1972 awarding him this award and his DD Form 214 should be amended accordingly. 



2.  The applicant is also entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is entitled to this award based on Department of the Army General Orders Number 8, dated 1974 and his DD Form 214 should be amended to reflect this award.

3.  The applicant's records show that he participated in seven campaigns while he was in Vietnam.  Therefore, he is entitled to one Silver Service Star and two Bronze Service Stars for inclusion on his Vietnam Service Medal.  Therefore, it is appropriate to amend his DD Form 214 to include the service stars to which he is entitled.

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

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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 his DD Form 214 for the period ending 22 August 1973 to show that he was awarded the Bronze Star Medal (First Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one Silver Service Star and two Bronze Service Stars for wear on his already-awarded Vietnam Service Medal.



      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070018862



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ABCMR Record of Proceedings (cont)                                         AR20070018862



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