IN THE CASE OF:
BOARD DATE: 2 March 2010
DOCKET NUMBER: AR20090010499
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 his award of the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 5 July 1968.
2. The applicant makes no statement in support of his application.
3. The applicant provides, in support of his application, copies of his certificate and citation for award of the Bronze Star Medal.
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 military personnel records show he was inducted into the Army of the United States on 7 July 1966. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11C (Infantry Indirect Fire Crewman).
3. Headquarters, United States Army Training Center, Fort Campbell, KY, Special Orders Number 82, dated 7 September 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. The applicant was assigned to the 1st Battalion (Mechanized), 5th Infantry in the Republic of Vietnam during the period 24 December 1966 to 15 December 1967.
5. Headquarters, 25th Infantry Division General Orders Number 4689, dated
3 December 1967, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period from December 1966 to November 1967.
6. Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO, General Orders Number 164, dated 2 July 1968, awarded the applicant the Army Good Conduct Medal for the period of service from 8 July 1966 to 7 July 1968.
7. On 5 July 1968, the applicant was released from active duty. He had completed 1 year, 11 months, and 29 days of active service that was characterized as honorable. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with two bronze service stars, and the Combat Infantryman Badge.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict. This document shows that during the time of the applicants assignment to the
1st Battalion, 5th Infantry the unit received the following unit awards:
a. the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from January 1966 - August 1968, based on Department of the Army General Order (DAGO) Number 48, dated 1971; and
b. the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 1 January 1966 - 21 January 1970, based on DAGO
Number 9, dated 1979.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his award of the Bronze Star Medal should be entered on his DD Form 214.
2. The applicant's military personnel records contain orders awarding him the Bronze Star Medal, the Army Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore, these awards should be entered on his DD Form 214.
3. Based on the applicant's service with 1st Battalion, 5th Infantry he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, these unit awards should be included on his DD Form 214.
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:
a. adding to his DD Form 214 with an effective date of 5 July 1968 the Bronze Star Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and
b. providing him a document that shows the above corrections.
_______ _ _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) AR20090010499
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ABCMR Record of Proceedings (cont) AR20090010499
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