IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080014655
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 Bronze Star Medal (BSM) be added to his separation document (DD Form 214).
2. The applicant states that he was awarded the BSM.
3. The applicant provides his DD Form 214 for the period ending 31 January 1974, a BSM Certificate, and a BSM 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. The applicants military records show that he was inducted into the Army of the United States on 12 August 1969. He was awarded the military occupational specialty of cannoneer, promoted to pay grade E-4, and immediately reenlisted while serving in Vietnam. The DD Form 214 he was issued at the time of his reenlistment shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 Device, and Overseas Bars.
3. The applicant completed his tour in Vietnam, having served in Vietnam from 1 January to 22 December 1970.
4. The applicant was credited with lost time from 1 through 8 May 1973 and again from 26 July to 8 October 1973. The applicant was reduced to pay grade E-1 on 26 July 1973.
5. The applicant was honorably released from active duty on 31 January 1974. The DD Form 214 he was issued shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Badge with Rife Bar.
6. The applicants DA Form 20, Enlisted Qualification Record, shows that he was awarded the BSM by General Orders Number 11540 on 1 December 1970.
7. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods are: Vietnam Winter-Spring 1970 (1 November 1969 through 30 April 1970); DA Sanctuary Counteroffensive (1 May through 30 June 1970); and Vietnam Counteroffensive Phase VII (1 July 1970 through 30 June 1971).
8. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the BSM by General Orders Number 11540 on 1 December 1970. As such, he is entitled to have this award added to his DD Form 214.
2. The applicant is also entitled to three bronze service stars to be worn on his already awarded Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
3. It would also be appropriate to correct the applicants DD Form 214 for the period ending 31 January 1974 to include the award of the Army Commendation Medal which was documented on his first DD Form 214.
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 the DD Form 214 of the individual concerned for the period ending 31 January 1974 be corrected by adding the BSM, the Army Commendation Medal. three bronze service stars to be worn on his already awarded Vietnam Service Medal, and the 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) AR20080014655
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ABCMR Record of Proceedings (cont) AR20080014655
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