IN THE CASE OF:	  

		BOARD DATE:	  19 March 2009

		DOCKET NUMBER:  AR20080017624 


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, in effect, that the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her late husband, a former service member (FSM), be corrected to show his award of the Bronze Star Medal.

2.  The applicant states, in effect, that this award is missing from his DD Form 214.  She also states that the paperwork for the award was not sent to the proper officials and therefore never placed in her husband's permanent military file.  It was while doing genealogy research that she discovered the award was not in his military file.  Having the papers, it did not occur to her that it would not be in his file.

3.  In support of her application, she provides copies of the FSM's Bronze Star Medal Citation and Certificate; the FSM's letter from the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri; the FSM's U.S. Army Reserve (USAR) discharge orders; the FSM's Certificate of Death; and her letter from the National Personnel Records Center, St. Louis.

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 FSM's military records show he was inducted into the Army of the United States in pay grade E-1 on 6 December 1966.  He completed basic and advanced training and was awarded military occupational specialty 36K (Wireman).  He served in Vietnam from 3 June 1967 through 29 May 1968 with the 3rd Ordnance Battalion for three campaigns.

3.  The applicant submits a copy of a citation for award of the Bronze Star Medal to the FSM.  The citation states the FSM distinguished himself by outstanding meritorious service in connection with ground operations against a hostile force in the Republic Vietnam during the period May 1967 to May 1968.

4.  The applicant also submits a copy of a certificate, dated 15 June 1968, awarding the FSM the Bronze Star Medal for meritorious achievement in ground operations against hostile forces, during the period May 1967 to May 1968 in the Republic of Vietnam.  This award is not shown on the FSM's DD Form 214.

5.  The FSM was released from active duty in pay grade E-4 on 13 September 
1968 for the purpose of entering or returning to college.  He was transferred to the USAR Control Group (Annual Training).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 does not list the Bronze Star Medal.

7.  The applicant further submits a copy of a letter to the FSM from the U.S. Army Reserve Components Personnel and Administration Center, St. Louis.  The letter, dated 10 November 1972, advised the FSM that the Bronze Star Medal that was approved for presentation to him was recently received from his former commanding officer, but general orders were not included.  The letter further advised that to prevent delay of the award, it was being forwarded to him without the order.  If the order was received at a later date, his copies would be forwarded to him.  The Commander, U.S. Army Support Center, Philadelphia, Pennsylvania, had been notified to send him the medal accompanying the award.

8.  The FSM was discharged from the USAR on 5 December 1972 at the expiration of his term of service.
9.  A review of the Awards and Decorations Computer Assisted Retrieval System records of the FSM's units for the time frame the applicant served in Vietnam was conducted.  This review failed to show any orders were published authorizing award of the Bronze Star Medal to the FSM.

10.  Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the U.S. Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the absence of appropriate orders, the applicant provided copies of the citation, certificate, and letter from the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, showing the FSM was awarded the Bronze Star Medal on 15 June 1968 for meritorious achievement in the Republic of Vietnam.  Therefore, based on this evidence, the applicant is entitled to a correction of the FSM's DD Form 214 to show this award.

2.  General orders also entitled the FSM to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, it would be appropriate to correct his records to show this unit award on his DD Form 214.

3.  In view of the foregoing, the FSM’s records should be corrected as recommended below.

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 the Bronze Star Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the FSM's DD Form 214 and providing the applicant a corrected DD Form 214 that includes these awards.



      ____________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)                                         AR20080017624



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ABCMR Record of Proceedings (cont)                                         AR20080017624



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