IN THE CASE OF:
BOARD DATE: 23 October 2008
DOCKET NUMBER: AR20080005658
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 DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal and any additional awards to which he may be entitled.
2. The applicant states that he received the Bronze Star Medal and it is not listed on his DD Form 214. He also contends that his DD Form 214 does not reflect the medals and decorations he earned while in the service.
3. The applicant provides a citation and award certificate for 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 on 27 November 1967. He arrived in Vietnam on 4 May 1968. He served as a light vehicle driver assigned to Headquarters and Company A, 709th Maintenance Battalion in Vietnam from 8 May 1968 through 30 April 1969. He was released from active duty on 8 September 1969.
3. The applicants DD Form 214 shows the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, and the Army Commendation Medal as authorized awards.
4. There are no orders for the Bronze Star Medal in the available records.
5. Item 41 (Awards and Decorations) on the applicants DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal. A search of the U. S. Army Human Resource Command's Awards and Decorations Computer Assisted Retrieval System (ADCARS) did not locate orders awarding the applicant the Bronze Star Medal.
6. Records show the applicant participated in four campaigns during his assignment.
7. Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.
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 applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969.
9. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
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. Since there are no orders for the Bronze Star Medal, there is insufficient evidence on which to amend the applicants DD Form 214 to show this medal.
2. The applicants DD Form 214 shows the Vietnam Service Medal with two bronze service stars. However, the applicant participated in four campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with four bronze service stars.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam. The applicant served in Vietnam during a qualifying period and is eligible for this award.
4. The applicants unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____XX____ ____XX____ ____XX____ 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:
a. deleting the entry, Vietnam Service Medal w/2 Bronze Service Stars on his DD Form 214; and
b. adding the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.
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 award of the Bronze Star 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) AR20080005658
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ABCMR Record of Proceedings (cont) AR20080005658
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