IN THE CASE OF:
BOARD DATE: 16 SEPTEMBER 2008
DOCKET NUMBER: AR20080011161
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).
2. The applicant states, in effect, that this award is not shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a copy of his BSM Award Certificate and Citation.
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 30 November 1966, 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) 36K (Field Wireman). He attained the grade of sergeant/E-5. On 29 November 1969, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). On 29 November 1972, 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 18 September 1967 through 17 September 1968. He performed duties as a switchboard operator with the 17th Assault Helicopter Company.
4. General Orders Number 89, Department of the Army (DA), Headquarters (HQ), 101st Airborne Division, dated 7 January 1969, awarded the applicant the BSM for meritorious service for the period 1 April 30 November 1968. This award is not shown on his DD Form 214.
5. Review of the applicant's record indicates entitlement to additional awards and decorations that are 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 records show he was awarded the Vietnam Service Medal. However, his DD Form 214 does not show any bronze service stars indicating campaign credit. His records indicate he participated in 3 campaigns, the TET Counteroffensive, the Vietnam Counteroffensive Phase IV, and the Vietnam Counteroffensive Phase V campaigns.
8. Appendix B of Army Regulation 600-8-22 lists all approved Army campaigns, including campaigns of the Vietnam War. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. General Orders awarded the applicant the BSM. Therefore, he is entitled to have his record 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. Evidence of record shows that the applicant participated in 3 campaigns during his service in the RVN. Therefore, he is eligible for award of 3 bronze service stars to be affixed on his already-awarded Vietnam Service Medal.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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. adding the already-awarded BSM to the applicant's DD Form 214;
b. authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award; and
c. deleting the "Vietnam Service Medal" from his DD Form 214 and adding "Vietnam Service Medal with 3 bronze service stars."
___ 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) AR20080011161
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