BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090013504 


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) to show award of the Bronze Star Medal.

2.  The applicant states his DD Form 214 does not show he was awarded the Bronze Star Medal.

3.  The applicant provides, in support of his application, copies of his orders for the award of the Bronze Star Medal, his DD Form 214, and the unsigned citation for the 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 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 military personnel records show he enlisted in the Regular Army (RA) on 5 September 1967 for a period of 3 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 71P (Flight Operations).

3.  U.S. Army Aviation School, Fort Rucker, AL, Special Orders Number 40, dated 14 February 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant was assigned to Headquarters and Headquarters Company, 2nd Brigade, 101st Airborne Division in the Republic of Vietnam during the period 4 October 1968 to 17 August 1969.

5.  Headquarters, 101st Airborne Division, General Orders Number 6085, dated 31 May 1969, awarded the applicant the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force during the period 1 September 1968 to 30 April 1969.

6.  Headquarters, U.S. Army Primary Helicopter Center/School, Fort Wolters, TX, General Orders Number 95, dated 17 August 1970, awarded the applicant the Army Good Conduct Medal for the period of service from 5 September 1967 to the date of separation on or about 4 September 1970.

7.  On 4 September 1970, the applicant was honorably released from active duty by reason of the expiration of his term of service.  He had completed 3 years of active service.   Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s
DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, and 2 Overseas Service Bars.

8.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the following campaigns:  Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969); and the Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969).

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This document shows that, during the time of the applicant’s assignment to Headquarters and Headquarters Company, 2nd Brigade, 101st Airborne Division the unit received the following awards:

      a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 15 August 1968 - 14 May 1969, based on Department of the Army General Order (DAGO) Number 43, dated 1970; and

		b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 18 March 1968 - 2 May 1970, based on DAGO Number 48, dated 1971.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his award of the Bronze Star Medal is not entered on his DD Form 214.

2.  Orders show the applicant was awarded the Bronze Star Medal, Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar. DA Pamphlet 672-3 shows that at the time of his assignment, his unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, item 24 of his DD Form 214 should be corrected to include these awards.

3.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be worn on the Vietnam Service Medal.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

   b.   adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar.



      __________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)                                         AR20090013504



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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