IN THE CASE OF:	 

		BOARD DATE:	21 July 2009    

		DOCKET NUMBER:  AR20090005009 


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 the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he received the BSM after he separated from the Army and that he is submitting his BSM orders and certificate as evidence.

3.  The applicant provides the following documents in support of his application:  DD Form 214; Third Regional Assistance Command General Orders (GO) Number 430, dated 11 August 1972; and BSM Certificate.

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 record shows he served in the Regular Army in an enlisted status from 12 September 1968 until 28 July 1969, at which time he was honorably discharged in order to accept a commission.

3.  On 29 July 1969, the applicant was commissioned as a second lieutenant in the U.S. Army Reserve and entered active duty that date.

4.  The applicant's DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam (RVN) from 21 November 1971 through 20 May 1972.  Item 18 (Record of Assignments) shows that during his RVN tour he was assigned to the Civil Operations and Revolutionary Development Support, III Corps, U.S. Military Assistance Command, Vietnam (MACV), and an Army Officer Efficiency Report on file confirms that his actual assignment was to MACV Advisory Team 48.

5.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Army Good Conduct Medal (AGCM), Army Commendation Medal (ARCOM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM) with Device (1960), Expert Marksmanship Qualification Badge with Rifle (M-16) and Pistol Bars, and one overseas service bar.

6.  The applicant's official military personnel file (OMPF) contains Third Regional Assistance Command GO Number 430, dated 11 August 1972, which awarded the applicant the BSM for his meritorious service in connection with military operations against a hostile force during the period November 1971 through May 1972.

7.  On 25 May 1972, the applicant was honorably released from active duty in the rank of captain after completing 2 years, 9 months, and 27 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:  NDSM, ARCOM, VSM, RVNCM with Device (1960), and one overseas service bar.

8.  The applicant provides a copy of a BSM certificate, dated 11 August 1972, which shows he was awarded the BSM for meritorious achievement in the RVN during the period November 1971 through May 1972.

9.  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.
10.  Table B-1 of Army Regulation 600-8-22 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Consolidation I, Consolidation II, and Vietnam Cease Fire campaigns.

11.  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 RVN from 8 February 1962 through 28 March 1973.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN his unit, the Advisory Team 48, it was awarded the Meritorious Unit Commendation (MUC).

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 November 1971 through May 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 also shows the applicant was awarded the AGCM and the Expert Marksmanship Qualification Badge with Rifle (M-16) and Pistol Bars which were omitted from his DD Form 214, and that based on his RVN service and campaign participation, he is eligible for the MUC, RVN Gallantry Cross with Palm Unit Citation, and three bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his DD Form 214 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 item 24 of his DD Form 214, dated 25 May 1972, by adding the Bronze Star Medal, Army Good Conduct Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle (M-16) and Pistol Bars, and three bronze service stars with his Vietnam Service Medal; and by providing him a correction to his DD Form 214 that reflects these changes.



      ____________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)                                         AR20090005009



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090005009



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1