IN THE CASE OF:
BOARD DATE: 9 July 2009
DOCKET NUMBER: AR20080016107
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his award of the Bronze Star Medal with one oak leaf cluster (BSM 1OLC).
2. The applicant states that his award of the BSM 1OLC does not appear on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a copy of his BSM 1OLC Certificate and 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 applicant's records, which are somewhat incomplete, show that on 30 March 1970, while the applicant was serving in Vietnam in the rank of chief warrant officer two (CW2), General Orders Number 1898 were published by Headquarters, 1st Aviation Brigade, awarding him the BSM for meritorious service during the period 7 April to 3 May 1969.
3. On 2 April 1970, the same headquarters issued General Order Number 2042 awarding the applicant the BSM 1OLC for meritorious service during the period 4 May 1969 to 7 February 1970. He was assigned as a helicopter pilot in the 134th Aviation Company (Assault Helicopter), and he departed Vietnam on 23 February 1970.
4. On 11 January 1971, he was honorably released from active duty (REFRAD) at Fort Hamilton, New York. He had served 4 years and 19 days of total active service and his DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal and the BSM.
5. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicants unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation during the period he was assigned to the unit. Additionally, he participated in four campaigns while assigned to Vietnam and is entitled to be awarded four bronze service stars for wear on his already-awarded VSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his BSM 1OLC should be added to his DD Form 214 has been noted and found to have merit.
2. The applicant was awarded the BSM 1OLC in General Orders Number 2042, dated 2 April 1970 and therefore is entitled to have that award entered on his DD Form 214 at this time.
3. Additionally, the evidence of record also shows that he is entitled to be awarded the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his already-awarded VSM.
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 amending his DD Form 214 to add the BSM 1OLC (vice the BSM currently reflected on his DD Form 214), the RVNGC w/Palm Unit Citation, and to show he is eligible to wear two bronze service stars on his already-awarded VSM.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20080016107
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ABCMR Record of Proceedings (cont) AR20080016107
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