IN THE CASE OF:
BOARD DATE: 7 October 2008
DOCKET NUMBER: AR20080011193
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 separation document (DD Form 214) be corrected by adding the awards of the Bronze Star Medal and Army Commendation Medal with "V" Device.
2. The applicant states that when he was discharged from the Army the above awards were not added to his DD form 214.
3. The applicant provides copies of certificates and citations for award of the Bronze Star Medal and Army Commendation Medal and 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. The applicant's military personnel record shows he enlisted in the Regular Army on 7 December 1970. He completed the necessary training and was awarded military occupational specialty (MOS) 71L (Administrative Specialist).
3. He served with Headquarters, U.S. Army Headquarters Area Command in the Republic of Vietnam during the period 16 April 1970 to 18 March 1971. He was honorably discharged from active duty on 13 June 1975. He had completed
4 years, 6 months, and 7 days of Net Active Service This Period.
4. The applicants DD Form 214, Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows award of the National Defense Service Medal, Good Conduct Medal (3d award), Vietnam Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. However, it does not show the Bronze Star Medal and Army Commendation Medal with "V" Device.
5. In the process of researching the applicant's request, a board staff member located a copy of Headquarters, U.S. Army Headquarters Area Command General Orders Number 5, dated 2 January 1971, that shows the applicant was awarded the Army Commendation Medal with "V" Device, effective 16 December 1970; and General Orders Number 59, dated 17 March 1971, that shows the applicant was awarded the Bronze Star Medal for the period April 1970 to March 1971.
6. The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal. However, there is no evidence that he was awarded any bronze service stars indicating campaign credit.
7. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Winter-Spring, 1970 (1 November 1969 to 30 April 1970); Sanctuary Counteroffensive (1 May 1970 to 30 June 1970); and Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) campaigns. 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. The applicant contends that his DD Form 214 should be corrected by adding the Bronze Star Medal and Army Commendation Medal with "V" Device.
2. Orders show the applicant was awarded the Bronze Star Medal and Army Commendation Medal with "V" Device. Therefore, he is entitled to correction of his DD Form 214 to add these awards.
3. Evidence shows the applicant served in the Republic of Vietnam during three campaigns. Therefore, he is entitled to correction of his records to show award of three bronze service stars to be affixed to his already awarded Vietnam Service Medal.
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 showing the awards of the Bronze Star Medal, Army Commendation Medal with "V" Device, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
_______ _ 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) AR20080011193
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ABCMR Record of Proceedings (cont) AR20080011193
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