IN THE CASE OF:	  

		BOARD DATE:	        30 DECEMBER 2008

		DOCKET NUMBER:  AR20080016991 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medals for his service in Vietnam and in Korea and that they were, in effect, left off due to an administrative oversight.

3.  The applicant provides the following additional documentary evidence in support of his request:

	a.  DD Form 214, dated 30 June 1970.

	b.  Copies of two certificates and accompanying citations, dated 31 July 1954 and 1 April 1967, showing two awards of the Bronze Star Medal.

	c.  Order to report for induction, dated 28 April 1943.

	d.  Letter of congratulation for promotion, dated 1 July 1966.

	e.  Letter of appreciation for service in Vietnam, dated 7 May 1967.

	f.  Undated extract from a newspaper.


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's records show he was inducted into the Army of the United States on 10 May 1943 and that he held military occupational specialty (MOS) 971.60 (Military Intelligence) and was assigned to the 26th Regiment Group.

3.  On 30 May 1945, the applicant was appointed as a second lieutenant in the Army of the United States.  He entered active duty on 6 June 1945 and he was honorably separated on 30 June 1970 and was placed on the Retired List in his retired rank of lieutenant colonel on 1 July 1970.

4.  The applicant’s DA Form 66 (Office Qualification Record) shows the following entries:

	a.  he served in Europe from 3 October 1944 to 11 May 1948, during which he participated in the Ardennes, Rhineland, and Central Europe campaigns during his service in World War II;

	b.  he served in Japan from 19 May 1952 to 10 September 1955; and

	c.  he served in the Republic of Vietnam from 19 May 1966 to 9 May 1967.  He was assigned to U.S. Army Military Assistance Command, Vietnam.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Armed Forces Reserve Medal with 10-year Device, the French Croix De Guerre, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal, the United Nations Service Medal, the World War II Victory Medal, the National Defense Service Medal (1st Oak Leaf Cluster), the Army of Occupation Medal with "Germany" Clasp, the Meritorious Unit Citation, the American Campaign Medal, the Vietnam Service Medal, five Overseas Service Bars, the Vietnam Campaign Medal, the Korean Service Medal, and the Order de Lacourrone (Crown) with Pendant.  Item 24 does not show award of the Bronze Star Medal (1st Oak Leaf Cluster).

6.  Headquarters, U.S. Army Military Assistance Command, Vietnam, General Orders Number 563, dated 1 April 1967, show the applicant was awarded the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from May 1966 to April 1967.

7.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

8.  Headquarters, First United States Army, Fort George G. Meade, Maryland, General Orders Number 200, dated 9 June 1970, show the applicant was awarded the Meritorious Service Medal for outstanding meritorious service from 15 March 1968 to 30 June 1970.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the U.S. Army Military Assistance Command, Vietnam, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive and the Vietnam Counteroffensive Phase II campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  This regulation also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  The bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his DD Form 214 to show two awards of the Bronze Star Medal.

2.  General orders show the applicant was awarded the Bronze Star Medal (1st Oak Leaf Cluster) and the Meritorious Service Medal which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence of record shows the applicant was awarded the European-African-Middle Eastern Campaign Medal.  Additionally, his DA Form 66 shows that he participated in three campaigns while serving in the European Theater.  Therefore, he is entitled to award of three bronze service stars to be affixed to the European-African-Middle Eastern Campaign Medal.

4.  The evidence of records shows that the applicant was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

5.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; 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:

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 adding award of the Bronze Star Medal (1st Oak Leaf Cluster), the Meritorious Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two bronze service star be affixed to his already-awarded Vietnam Service Medal, and three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal, to his last DD Form 214.




      _______ _  XXX _______   ___
               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)                                         AR20080016991





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ABCMR Record of Proceedings (cont)                                         AR20080016991



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