IN THE CASE OF:	  

		BOARD DATE:	 25 September 2008 

		DOCKET NUMBER:  AR20080009058 


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, in effect, correction of his discharge document to show award of the Bronze Star Medal.

2.  The applicant states, in effect, he was awarded the Bronze Star Medal; however, it is not listed on his discharge document.  He adds that he just realized the award was not recorded on his discharge document and requests correction of his records so that he may obtain the associated benefits.

3.  The applicant provides a copy of a DA Form 4980-5 (The Bronze Star Medal Certificate), dated 15 March 1968.

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’s military service records show that he enlisted in the United States Marine Corps Reserve (USMCR) on 4 November 1964.  He was ordered to active duty for training (ACDUTRA) on 8 November 1964, awarded military specialty number  3500 (Basic Maintenance Man), honorably released from ACDUTRA on 7 May 1965, and transferred to the USMCR, Buckley Air National Guard Base, Denver, Colorado.  At the time, he was credited with completing
0 years, 6 months, and 0 days net service this period; 0 years, 0 months, and
4 days other service; and 0 years, 6 months, and 4 days total service.

3.  The applicant’s military service records show he enlisted in the U.S. Army and entered active duty for a period of 3 years on 9 February 1966.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record). 

     a.  Item 31 (Foreign Service) shows that he served overseas in U.S. Army Europe (USAREUR) in Germany from 27 July 1966 through 23 December 1966.  This item also shows that he served overseas in U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 12 February 1967 through 11 February 1968.  This item further shows that he served in USAREUR in Germany from
15 March 1968 through 19 January 1969. 

     b.  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to Company C, 2nd Battalion, 1st Infantry Regiment, 196th Light Infantry Brigade (USARPAC RVN) from 25 February 1967 through 2 February 1968.

     c.  Item 39 (Campaigns) of this document shows he participated in the Vietnam Counteroffensive Phase II campaign.

     d.  Item 41 (Awards and Decorations) shows he was awarded the Purple Heart, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

5.  There are no orders in the applicant’s military service records that show he was awarded the Bronze Star Medal and his DA Form 20 does not list the Bronze Star Medal in Item 41 (Awards and Decorations).

6.  A search of the U.S. Army Human Resources Command (USA HRC), Awards and Decorations Computer Assisted Retrieval System (ADCARS), for the Vietnam Conflict produced a copy of Headquarters, Americal Division (RVN) , General Orders Number 1200, dated 8 March 1968.  These orders show, in pertinent part, that the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the RVN during the period February 1967 to February 1968.

7.  The applicant's military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 21 January 1969.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Purple Heart, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.  The DD Form 214 also shows the applicant was honorably released from active duty on 21 January 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement), U.S. Army Administration Center,
St. Louis, Missouri.  At the time, he was credited with completing 2 years,
11 months, and 12 days net service this period; 0 years, 6, months, and 4 days other service; 3 years, 5 months, and 16 days total active service; and 2 years,
3 months, and 0 days foreign service.

8.  In support of his application, the applicant provides a copy of a DA Form 4980-5 (The Bronze Star Medal Certificate), dated 15 March 1968.  This document shows that the applicant was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the RVN during the period February 1967 to February 1968.

9.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and TET Counteroffensive campaigns.

11.  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 Company C, 2nd Battalion, 1st Infantry Regiment, 196th Light Infantry Brigade (USARPAC RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).

12.  Army Regulation 600-8-22 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.  

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

14.  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, including the Vietnam Service Medal.

15.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Bronze Star Medal.

2.  The evidence of record shows that the applicant was presented The Bronze Star Medal certificate representing his award of the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the RVN during the period February 1967 to February 1968.  In addition, records show that General Orders awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the RVN during the period February 1967 to February 1968.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Bronze Star Medal.
3.  Records show the applicant qualified for award of the Vietnam Service Medal and that he participated in 3 campaigns during his service in the RVN. Therefore, it would be appropriate to correct his records to show award of 3 bronze service stars to be affixed to his Vietnam Service Medal.

4.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

BOARD VOTE:

_____X___  ____X____  ____X____  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:

     a.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal; and

     b.  adding to Item 24 of his DD Form 214 the Bronze Star Medal, Vietnam Service Medal with 3 bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.




      _______ _   _X______   ___
               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)                                         AR20080009058



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ABCMR Record of Proceedings (cont)                                         AR20080009058



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