IN THE CASE OF:
BOARD DATE: 19 March 2009
DOCKET NUMBER: AR20080017149
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) for the period ending 15 April
1970 to show award of the Bronze Star Medal.
2. The applicant states, in effect, that the above award was omitted from his DD Form 214 at the time of his discharge.
3. The applicant provides a Bronze Star Medal certificate, dated 1 April 1970 and his DD Form 214.
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 enlisted in the Regular Army on 17 August 1967 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 76P (Stock Control and Accounting Specialist).
3. The applicant arrived in Vietnam and was assigned to the Headquarters and Headquarters Battery, 2d Battalion, 11th Artillery, 101st Airborne Division (Airmobile), on or about 26 May 1969.
4. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 3722, dated 1 April 1970, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force.
5. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 3757, dated 1 April 1970, show the applicant was awarded the Army Good Conduct Medal (1st Award).
6. The applicant departed Vietnam on or about 9 April 1970 after participating in two campaigns.
7. On 15 April 1970, the applicant was honorably released from active duty after completing 2 years, 2 months, and 6 days of creditable active service with no time lost.
8. The applicant's DD Form 214 for the period ending 15 April 1970 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, two overseas service bars, and the Sharpshooter Marksmanship Qualification Badge (M-14).
9. 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 at the time of the applicants assignment to the 2d Battalion, 11th Artillery, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 10 June
1968 through 2 May 1970 based on Headquarters, Department of the Army, General Orders Number 48, dated 1971.
10. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant was awarded the Bronze Star Medal and the Army Good Conduct Medal (1st Award). His DD Form 214 should be amended to add these awards.
2. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 should be amended to add this award.
3. The applicant was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His participation in two campaigns makes him eligible for two bronze service stars to be worn on his already-awarded Vietnam Service Medal. His DD Form 214 should be amended to add these 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 amending his DD Form 214 to add the Bronze Star Medal, the Army Good
Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be worn on his already-awarded Vietnam Service Medal.
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.
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