IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080015015
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 her records be corrected to show award of the Bronze Star Medal.
2. The applicant states, in effect, that the Bronze Star Medal was omitted from her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides copies of her DD Form 214 and retirement orders.
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, a career U.S. Army Reserve (USAR) Nurse Corps officer, was ordered to active duty on 19 November 1951. She was promoted to the rank of major on 20 August 1965.
3. Her DA Form 66B (Officer Qualification Record) shows the applicant had foreign service in Germany, Korea, Okinawa, and Vietnam. Her service in Vietnam was with the 24th Evacuation Hospital from 15 April 1970 through 8 April 1971.
4. Her Official Military Personnel File (OMPF) does not contain orders for any awards or decorations and her iPERMS (integrated Personnel Electronic Records Management System) file contains no documentation related to her period of service prior to her retirement.
5. Headquarters, U.S. Army Vietnam, General Orders Number 521, dated 16 February 1971, awarded the applicant the Bronze Star Medal for meritorious service in Vietnam. This document was located in the Awards and Decorations Computer Assisted Retrieval System.
6. Her DD Form 214 shows she was awarded the Meritorious Service Medal, the Army Commendation Medal, the Army of Occupation Medal with Germany Clasp, the National Defense Service Medal with one Oak Leaf Cluster, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with "1960" Device, the Armed Forces Reserve Medal, and the Meritorious Unit Commendation.
7. 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 while the applicant was assigned to the 24th Evacuation Hospital it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation.
8. Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal. A silver service star is authorized in lieu of five bronze service stars. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam, Appendix B indicates she served during the following three campaign
periods: the Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970; the DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Bronze Star Medal but this award was omitted from her DD Form 214.
2. The applicant served in Vietnam during three campaign periods and is authorized three bronze service stars for wear on her Vietnam Service Medal.
3. In addition to the awards listed on her DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
4. It is appropriate to correct the applicant's DD Form 214 to show the above noted awards.
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 that, in addition to the awards listed on her DD Form 214, she is also authorized the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and to wear three bronze service stars on her 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) AR20080015015
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ABCMR Record of Proceedings (cont) AR20080015015
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