BOARD DATE: March 9, 2010
DOCKET NUMBER: AR20090014379
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 (BSM) and Army Commendation Medal (ARCOM).
2. The applicant states that the BSM and ARCOM were omitted from his DD Form 214.
3. The applicant provides a copy of his DD Form 214 in support of this 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 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 enlisted in the Regular Army on 12 November 1963.
3. Item 31 (Overseas Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant served in the Republic of Vietnam (RVN) from 2 September 1966 to 3 September 1967. Item 38 (Record of Assignments) shows that during this tour he was assigned to the 337th Radio Research Company, 307th Radio Research Battalion.
4. The applicant's record contains a copy of General Orders Number 5069, Headquarters, 1st Infantry Division, dated 14 July 1967, that show he was awarded the ARCOM for meritorious service for the period October 1966 to June 1967.
5. On 4 September 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) after completing a total of 3 years, 9 months, and 23 days of active duty service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 he was issued shows he earned the National Defense Service Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal, RVN Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). Item 24 does not show award of the BSM.
6. A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
7. Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict. Based on the applicant's period of service in Vietnam, he participated in the Vietnam Counteroffensive Phase II (1 June 1966 to 31 May 1967), the Vietnam Counteroffensive Phase II (1 June 1967 to 29 January 1968), and the Tet Counteroffensive (30 January 1968 to 1 April 1968) campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 1 June 1966 to 31 July 1967 by Department of the Army General Orders Number 17, dated 1968.
9. Department of the Army Pamphlet 672-3 also shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Orders Number 59, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded the ARCOM. Therefore, his record should be corrected to show this award.
2. General orders show the 337th Radio Research Company was awarded the Meritorious Unit Commendation while the applicant was assigned to this unit. Therefore, he is entitled to correction of his records to show this unit award.
3. General orders show the 337th Radio Research Company was awarded the RVN Gallantry Cross with Palm Unit Citation while the applicant was assigned to this unit. Therefore, he is entitled to correction of his records to show this unit award.
4. Records show the applicant participated in three campaigns during his service in the RVN. Therefore, he is eligible for award of three bronze service stars to be worn on his already-awarded Vietnam Service Medal.
5. There is no evidence nor did the applicant provide any evidence that shows he was awarded the BSM. In the absence of such evidence, there is insufficient basis to add the BSM to his DD Form 214.
BOARD VOTE:
________ _________ _______ GRANT FULL RELIEF
___x____ ___x_____ __x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual be corrected by:
a. deleting the Vietnam Service Medal from item 24 of the applicant's DD Form 214 and
b. adding to item 24 of the applicant's DD Form 214 the Army Commendation Medal, Meritorious Unit Commendation, the Vietnam Service Medal with three bronze service stars, and the RVN Gallantry Cross with Palm Unit Citation.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the BSM.
__________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) AR20090014379
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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