IN THE CASE OF:
BOARD DATE: 15 October 16, 2008
DOCKET NUMBER: AR20080013025
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, the daughter of the former service member (FSM) requests correction of her late fathers DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Bronze Star Medal.
2. The applicant states, in effect, the FSM was recommend and awarded the Bronze Star Medal.
3. The applicant provides a copy of the FSMs DD Form 214, the FSMs Death Certificate, and a copy of her birth certificate in support of this application.
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 FSMs record shows that he enlisted in the Regular Army on
10 February 1966. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11E (Armor Crewman). He was assigned to Headquarters, United States Military Assistance Command, Vietnam from January 1968 to 1 May 1969.
3. On 15 February 1967 the FSM was honorably discharged for the purpose of accepting a direct commission.
4. The FSM was commissioned a 2nd lieutenant in the United States Army Reserve and ordered to active duty on 16 February 1967. He was awarded the MOS 1203 (Tank Unit Commander). The highest grade he held during this tour was captain (CPT).
5. On 29 July 1970, the FSM was honorably retired from active duty after completing a total of 4 years, 5 months, and 20 days of active military service.
Item 24 of his DD Form 214 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) show the FSM was awarded the Silver Star, Purple Heart, Good Conduct Medal (1st award), the National Defense Service Medal, Vietnam Service Medal, the Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge (M14 Rifle), and Expert Marksmanship Qualification Badge (M-16 Rifle). The Bronze Star Medal is not shown as an authorized award.
6. The FSMs record contains General Orders Number 3366, Headquarters, United States Military Assistance Command, Vietnam, dated 20 June 1969 that awarded the FSM the Bronze Star Medal.
7. 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.
8. A review of the FSMs record reveals that he may be entitled to additional awards that are not shown on his DD Form 214.
9. Appendix B of Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that one bronze service star is authorized for each RVN campaign a member is credited with participating in while serving in the RVN. Table
B-1 contains a list of RVN campaigns, and it shows that during his tenure of assignment, the FSM was credited with participating in the Summer-Fall 1969 and the Vietnam Counteroffensive, Phase VI Campaigns.
10. Department of the Army Pamphlet 672-3 shows the FSM was assigned to the USA Military Assistance Command, Vietnam during the time the unit was cited for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, by Department of the Army General Orders Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the FSM is entitled to correction of his records to show award of the Bronze Star Medal. General Orders Number 3366, dated
20 June 1969, awarded the applicant the Bronze Star Medal and as such it should be annotated on his DD Form 214.
2. Evidence of record show the FSM participated in two campaigns during his service in Vietnam. Therefore, the FSM is eligible for award of two bronze service stars to be affixed to his already awarded VSM.
3. General Orders Number 8, dated 1974, show the FSMs unit was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm. Therefore, he is entitled to correction of his records to show this award.
BOARD VOTE:
____X____ _____X___ ____X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the Vietnam Service Medal from his DD Form 214; and
b. adding the Bronze Star Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
__________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) AR20080013025
2
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