BOARD DATE: 19 May 2010
DOCKET NUMBER: AR20090019533
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 two awards of the Bronze Star Medal.
2. The applicant states his DD Form 214 excludes two awards of the Bronze Star Medal, one with a first oak leaf cluster.
3. The applicant provides two citations for the Bronze Star Medal, general orders for the Bronze Star Medal, and his DD Form 214 in support of his 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 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 enlisted in the Regular Army on 26 May 1969. He was assigned to Vietnam on 19 February 1970 with Company C, 2nd Battalion, 1st Infantry, 196th Infantry Brigade.
3. Headquarters, Americal Division, General Orders Number 14905, dated 12 November 1970, show the applicant was awarded the Bronze Star Medal for meritorious achievement from 1 July 1970 to 31 October 1970 in the Republic of Vietnam.
4. The applicant provided a citation which shows he was awarded a second award of the Bronze Star Medal for meritorious service from February 1970 to January 1971.
5. The applicant departed Vietnam on 28 December 1970. He was credited with participation in the Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.
6. Item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not list any awards of the Bronze Star Medal.
7. The applicant was honorably released from active duty on 3 February 1972.
8. His DD Form 214 shows the following authorized awards:
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
9. 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 (First Oak Leaf Cluster) pertaining to the applicant.
10. 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 document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 42, dated 1972.
11. Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded the Bronze Star Medal for meritorious achievement from 1 July 1970 to 31 October 1970. Therefore, this decoration should be added to his DD Form 214.
2. Although the applicant provided a citation indicating he was awarded a second award of the Bronze Star Medal, absent orders authorizing him award of a second award of the Bronze Star Medal, this citation alone is not sufficient in itself to support correction of his records to show a Bronze Star Medal with a first oak leaf cluster. Therefore, there is insufficient evidence to correct his records to show this award.
3. The applicant was assigned to a unit during a period the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, this foreign unit award should be added to his DD Form 214.
4. The applicants DD Form 214 currently reflects the Vietnam Service Medal. However, he received credit for participation in three campaigns during the Vietnam War. Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his Vietnam Service Medal.
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 concerned be corrected by adding the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his
already-awarded Vietnam Service Medal to his DD Form 214.
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 a second award of the Bronze Star Medal.
_______ _ _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.
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