IN THE CASE OF:	  

		BOARD DATE:	       13 January 2009

		DOCKET NUMBER:  AR20080015819 


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 (Report of Transfer or Discharge) be corrected to show his award of the Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medal but it is not reflected on his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214, a Bronze Star Medal citation, and certificate in support of his 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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  The applicant enlisted in the Regular Army on 31 October 1965, completed training, and was awarded military occupational specialty (MOS) 71H (Personnel Specialist).  He later reclassified to MOS 62M (Forklift and Loader Operator).

3.  Headquarters, 179th Combat Engineer Battalion, Special Orders Number 83, dated 9 November 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The applicant served in Vietnam with Company D, 168th Combat Engineer Battalion from 15 April 1968 to 5 May 1969 and with Company D, 31st Engineer Battalion from 6 May 1969 to 2 June 1969.

5.  Headquarters, 20th Engineer Brigade General Orders Number 303, dated 13 April 1969, awarded the applicant the Bronze Star Medal for meritorious service from April 1968 to March 1969.

6.  The applicant was honorably released from active duty on 4 June 1969.  His DD Form 214 lists his awards as the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

7.  In addition to the awards listed on the DD Form 214, the applicant's DA Form 20 (Enlisted Qualification Record) shows award of the Expert Marksmanship Qualification Badge with Rifle Bar for the M-14 rifle and the M-16 rifle.  It also shows he participated in one campaign.

8.  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 168th Combat Engineer Battalion 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.  While the applicant was assigned to the 31st Engineer Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

9.  The pamphlet further notes that an individual will not be issued or wear more than one Republic of Vietnam Gallantry Cross with Palm Unit Citations.



10.  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 he served during the following four campaign periods:  the Counteroffensive Phase IV, 2 April 1968 – 30 June 1968; the Counteroffensive Phase V, 1 July 1968 – 1 November 1968; the Counter-offensive Phase VI, 2 November 1968 - 22 February 1969; and the Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was awarded the Bronze Star Medal but it is not reflected on his DD Form 214.  

2.  The applicant's official records contain orders awarding him the Bronze Star Medal on 13 April 1969.  This award was omitted from the DD Form 214 and it is appropriate to correct it to show this award.

3.  Furthermore, in addition to the awards listed on the DD Form 214, the applicant is also authorized award of two Republic of Vietnam Gallantry Cross with Palm Unit Citations, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation with Oak Leaf Cluster, and the Meritorious Unit Commendation.  It is appropriate to correct the record to reflect these awards.

4.  The applicant served during four campaign periods and is authorized to wear four bronze service stars on his 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 that, in addition to the awards listed on the DD Form 214, he is also authorized the Bronze Star Medal, two Republic of Vietnam Gallantry Cross with Palm Unit Citations, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation with Oak Leaf Cluster, the Meritorious Unit Commendation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and to wear four bronze service stars on his 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)                                         AR20080015819





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ABCMR Record of Proceedings (cont)                                         AR20080015819



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