IN THE CASE OF:
BOARD DATE: 16 April 2009
DOCKET NUMBER: AR20080019606
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the Bronze Star Medal (BSM).
2. The applicant states, in effect, that while recently talking to someone at the Department of Veterans Affairs (VA), he discovered the BSM he was awarded was not included in the list of awards on his DD Form 214, and he feels it should be added at this time.
3. The applicant provides his DD Form 214 and a BSM 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 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 record shows he enlisted in the Regular Army and entered active duty on 23 October 1973. He was trained in and awarded MOS 54B (Decontamination Specialist).
3. The applicants Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 10 April 1971 through 1 February 1972. Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Company, United States Army Support Command (USASUPCOM), performing duties in MOS 71B as a clerk typist. Item 41 (Awards and Decorations) shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVCM), Army Good Conduct Medal (AGCM), and Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.
4. The applicant's Official Military Personnel File (OMPF) contains Headquarters, USASUPCOM, DA Nang, General Orders Number 128, dated 26 February 1972, which awarded the applicant the BSM for his meritorious service in connection with ground operations against a hostile force during the period April 1971 through February 1972.
5. On 19 October 1973, the applicant was honorably released from active duty, after completing a total of 2 years, 11 months and 27 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he earned the following awards: NDSM, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, VSM, RVNCM, and AGCM.
6. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-13 contains guidance on the VSM. It states, in pertinent part, that a bronze service star is authorized for each campaign a member is credited with participating in while serving in the RVN. Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the Vietnam Counteroffensive Phase VII, Consolidation I, and Consolidation II campaigns.
7. Paragraph 9-13 of the awards regulation contains guidance on award of the Republic of Vietnam Campaign Medal with Device (1960). It states, in pertinent part, that the 1960 Device is authorized with this award.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicants tenure of assignment in the RVN Headquarters, USASUPCOM was awarded the
RVN Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he earned the BSM was carefully considered and found to have merit. The evidence of record confirms the applicant was awarded the BSM for his meritorious service during the period April 1971 through February 1972, as evidenced by the BSM orders contained in his OMPF. As a result, it would be appropriate to add the BSM to the list of awards contained in Item 24 of his DD Form 214 at this time.
2. The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also eligible for the RVN Gallantry Cross with Palm Unit Citation, the Device 1960 with his RVN Campaign Medal and 3 bronze service stars with his VSM. Therefore, it would also be appropriate to add these awards to his record and separation document at this time.
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 dated 19 October 1973 by deleting the current entries in Item 24 and adding the entry "Bronze Star Medal, National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal with 3
bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Expert Marksmanship Qualification Badge with Rifle (M-16) Bar" and by providing him a correction to his DD Form 214 that includes this change.
_______ _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) AR20080019606
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ABCMR Record of Proceedings (cont) AR20080019606
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