IN THE CASE OF:	  

		BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090017898 


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 his already-awarded Bronze Star Medal (3rd Award) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that this award is not listed on his DD Form 214.  It was awarded on 6 January 1970, after he was discharged.

3.  In support of his application, the applicant provides copies of a citation and certificate for the Bronze Star Medal and his DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel makes no additional statement.

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 records show he was commissioned in the Regular Army as a second lieutenant on 5 June 1963.  He served in Vietnam from 21 September 1965 to 3 September 1966 with Battery A, 2nd Battalion, 33rd Artillery and again from 24 March to 12 December 1969 with Headquarters and Howitzer Battery, 2nd Squadron, 11th Armored Cavalry Regiment.

3.  His records show he was awarded the Bronze Star Medal for outstanding meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period November 1965 to October 1966.  He was again awarded the Bronze Star Medal with “V” Device (First Oak Leaf Cluster) for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 6 June 1969.

4.  He submitted a copy of a citation awarding him the Bronze Star Medal for outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period April 1969 to December 1969.  He also submitted a copy of a certificate, dated 6 January 1970, for award of the Bronze Star Medal for outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period April 1969 to December 1969.

5.  He was honorably discharged from active duty in the grade of captain on 13 December 1969.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Bronze Star Medal with “V” Device and First Oak Leaf Cluster.

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal for the period April 1969 to December 1969 pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is worn instead of five bronze service stars.  Table B-1 contains a list of Vietnam campaigns and it shows that during the applicant's tours in Vietnam, he participated in the following campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)
* Tet 69, C9ounteroffensive, 1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that his unit, the 2nd Battalion, 33th Artillery, was cited for award of the Meritorious Unit Commendation which is already shown on his DD Form 214; Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 - 16 October 1968, by Department of the Army General Orders (DAGO) Number 21, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, period October 
1965 - 7 April 1970, by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  Despite the lack of general orders awarding the applicant the Bronze Star Medal (3rd Award), the citation and certificate is accepted as sufficient evidence to show he is entitled to correction of his records to show he was awarded the Bronze Star Medal with “V” Device with Second Oak Leaf Cluster.

2.  Evidence of record shows the applicant participated in a total of six campaigns during his periods of service in Vietnam.  He is therefore entitled to award of one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal and to add them to his DD Form 214.

3.  General orders authorized the applicant’s unit award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards are not shown on his DD Form 214.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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;

   b.  adding to Item 24 of his DD Form 214 the Bronze Star Medal with “V” Device and Second Oak Leaf Cluster, Vietnam Service Medal with one silver service star and one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and
   
   c.  and providing him a corrected DD Form 214 that includes 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)                                         AR20090017898



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ABCMR Record of Proceedings (cont)                                         AR20090017898



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