IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080001255
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 issuance of a Bronze Star Medal.
2. The applicant states that he was awarded a Bronze Star Medal after he got home. He states that he never received the medal.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a certificate for award of the Bronze Star 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 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 was inducted into the Army of the United States on 10 June 1969. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman).
3. The applicant was assigned to Vietnam on 10 November 1970 with Company E, 1st Battalion, 11th Infantry, 1st Brigade, 5th Infantry Division. He was later reassigned to the 1st Battalion, 327th Infantry of the 5th Infantry Division.
4. The applicant provided a copy of an award certificate which shows he was awarded the Bronze Star Medal on 27 December 1971 for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from November 1971 (sic should read 1970) to December 1971.
5. He departed Vietnam on 11 December 1971 and was credited with participation in the Vietnam Counteroffensive Phase VII Campaign, the Consolidation I Campaign, and the Consolidation II Campaign.
6. The applicant was honorably released from active duty on 12 December 1971 under the provisions of Army Regulation 635-200 by reason of early separation of overseas returnee.
7. His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, one Overseas Service Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.
8. Headquarters, 101st Airborne Division (Airmobile) General Orders Number 12612, dated 27 December 1971, awarded the applicant the Bronze Star Medal for meritorious service from November 1970 to December 1971.
9. 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, at the time of the applicant's assignment to the 1st Battalion, 11th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 41, dated 1972.
10. 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.
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded the Bronze Star Medal for meritorious service from November 1970 to December 1971; therefore, this award should be added to his DD Form 214.
2. The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, this foreign unit award should be added to his DD Form 214.
3. The applicants DD Form 214 currently reflects award of the Vietnam Service Medal. He received credit for participation in three campaigns during the Vietnam War. Therefore, his DD Form 214 should be corrected to show three bronze service stars for wear on his Vietnam Service Medal.
BOARD VOTE:
___xx___ ___xx___ __xx____ 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 adding the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his
already-awarded Vietnam Service Medal to his DD Form 214.
_______ xxxx_______ ___
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) AR20080001255
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