IN THE CASE OF:
BOARD DATE: 04 SEPTEMBER 2008
DOCKET NUMBER: AR20080005657
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal (BSM) versus the "Bronze Service Stars."
2. The applicant states, in effect, that this error was brought to his attention when he requested his decorations.
3. The applicant provides a copy of his DD Form 214.
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. On 13 May 1970, the applicant enlisted in the Regular Army for a period of
3 years. He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman). He extended his enlistment for a period of 3 months on 23 June 1973. On 17 October 1973, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). On 1 May 1976, he was honorably discharged from the USAR upon completion of his statutory military obligation.
3. The applicant served in the Republic of Vietnam (RVN) from 23 October 1970 through 7 November 1971. He performed duties as an infantryman with Company B, 1st Battalion, 20th Infantry Regiment.
4. General Orders Number 10125, Department of the Army (DA), Headquarters (HQ), 23rd Infantry Division, dated 11 September 1971, awarded the applicant the BSM for meritorious service in connection with military operations against a hostile force. This award is not shown on his DD Form 214.
5. Review of the applicant's record indicates entitlement to an additional award that is not shown on his DD Form 214.
6. 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.
7. The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal (VSM) with/1 bronze service star. His records indicate he participated in 1 campaign, the Vietnam Counteroffensive Phase VII campaign. A bronze service star is awarded for wear on the VSM for each approved campaign in which an individual participates.
DISCUSSION AND CONCLUSIONS:
1. General Orders awarded the applicant the BSM which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this award.
2. General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross With Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.
3. A bronze service star is awarded for wear for approved campaigns in the RVN and is worn on the VSM. The applicant participated in 1 campaign which is properly shown on his DD Form 214 as "VSM with/1 bronze service star." Therefore, there is no basis for deleting this award from his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__XXX __ __XXX__ __XXX__ 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
a. adding the already-awarded BSM to the applicant's DD Form 214; and
b. authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award.
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 removing the VSM
with/1 bronze service star from his DD Form 214.
___ 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) AR20080005657
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ABCMR Record of Proceedings (cont) AR20080005657
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