IN THE CASE OF:	  

	BOARD DATE:	  29 May 2008

	DOCKET NUMBER:  AR20080003859 


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 correction of his military records to show award of the Bronze Star Medal.

2.  The applicant states, in effect, that he was awarded the Bronze Star Medal for service in Vietnam from April 1969 to November 1970.  At that time he was due to receive a promotion to E-5 and the Bronze Star Medal.  However, he was shipped home before he could receive them.  His unit did forward a package but it was destroyed during shipping, all that was left was a certificate for the Bronze Star Medal with no medal in the envelope.  He states that he is requesting a replacement medal of the Bronze Star Medal that he was already awarded.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 13 November 1970; a Bronze Star Medal certificate, dated 14 November 1970; a United States Army Honorable Discharge Certificate, dated 1 December 1973; and U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 11-1314235, dated 21 November 1973.

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.  The applicant enlisted in the Regular Army on 26 December 1967 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 63B (Wheel Vehicle Mechanic).  

3.  The applicant arrived in Vietnam and was assigned to A Company, 523rd Signal Battalion on or about 9 April 1969 where he performed duties as a wheel vehicle repairman.  

4.  The applicant departed Vietnam on or about 13 November 1970 after being credited with participating in five campaigns.  He was honorably released from active duty on 13 November 1970 in the rank of Specialist Five (SP5)/E-5 after completing 2 years, 6 months, and 7 days of creditable active with 132 days lost.

5.  The applicant's DD Form 214 with the ending period of 13 November 
1970 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge (M-14).

6.  There are no orders in the applicant's service personnel records awarding him the Bronze Star Medal.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal.

8.  The applicant provided a Bronze Star Medal Certificate, dated 14 November 1970, that shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces during the period December 1969 to November 1970.  





9.  On 13 February 2008, the Awards Branch of the U.S. Army Human Resources Command verified to the Board analyst that after a review of general orders no evidence was found to show award of the Bronze Star Medal to the applicant.

10.  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.

11.  Army Regulation 600-8-22 provides, in pertinent part, for 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 to include the Vietnam Service Medal (a silver star is worn instead of five bronze stars).
	
12.  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 523rd Signal Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 through 
31 December 1969 and 31 March 1970 through 30 June 1970 based on Headquarters, Department of the Army General Orders Number 40, dated 1972.

13.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  Although multiple awards of this citation badge may not be worn, official military personnel and historical records will indicate all awards received.

14.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.





DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that show he was awarded the Bronze Star Medal.  Unfortunately, the Bronze Star Medal certificate provided by the applicant alone is not enough evidence to show he is authorized the award.  Therefore, there is an insufficient basis for a replacement of the Bronze Star Medal in this case.

2.  While the available evidence is insufficient for showing the applicant was awarded the Bronze Star Medal, this in no way affects the applicant’s right to pursue his/her claim for the Bronze Star Medal by submitting a request through his/her Member of Congress under the provisions of 10 USC 1130.  In the alternative, he may wish to research unit history files in the National Archives in College Park, Maryland to see if a copy of the orders are located there.

3.  The applicant was assigned to a unit during two periods of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Although he may wear only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation both awards should be listed on his DD Form 214.  His participation in five campaigns entitles him to a silver service star to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

4.  Evidence shows that the applicant’s records contain administrative errors which do 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

__xxx __  ___xxx_  ___xxx__        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 errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and a silver service star to be worn on his already-awarded Vietnam Service Medal.




                  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)                                         AR20080003859



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ABCMR Record of Proceedings (cont)                                         AR20080003859



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