BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20100000165 


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) for the period ending 17 June 1970 to show his second award of the Bronze Star Medal.

2.  The applicant states his second award of the Bronze Star Medal was omitted from his DD Form 214 at the time of his discharge.

3.  The applicant provides:

* his DD Form 214
* Headquarters, II Field Force Vietnam, General Orders Number 2419, dated 3 June 1970
* Headquarters, II Field Force Vietnam Artillery, General Orders Number 1249, dated 26 October 1970
* two Bronze Star Medal certificates, dated 2 June 1970 and 26 October 1970

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 was inducted into the Army of the United States on 14 November 1968 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 71D (Legal Clerk).

3.  The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Battery, 1st Battalion, 27th Artillery, 23rd Artillery Group, on 5 May 1969.

4.  Headquarters, II Field Force Vietnam, General Orders Number 2419, dated 3 June 1970, show the applicant was awarded the Bronze Star Medal for exceptionally meritorious service in connection with military operations against a hostile force during the period May 1969 to June 1970.

5.  Headquarters, II Field Force Vietnam Artillery, General Orders Number 1249, dated 26 October 1970, show the applicant was awarded the Bronze Star Medal with First Oak Leaf Cluster for exceptionally meritorious achievement in connection with military operations against a hostile force during the period 17 January 1970 to 28 February 1970.

6.  The applicant departed Vietnam on or about 14 June 1970 after participating in five campaigns.

7.  On 17 June 1970, the applicant was honorably released from active duty after completing 1 year, 7 months, and 4 days of creditable active service.

8.  The applicant's DD Form 214 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Army Commendation Medal
* Bronze Star Medal
* Air Medal
* 
Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to the 1st Battalion, 27th Artillery, it was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 September 1968 through 30 September 1970 based on Department of the Army General Orders Number 5, dated 1973
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation for the period 12 April 1967 through 21 January 1970 by Department of the Army General Orders Number 51, dated 1971

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states 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 will be worn instead of five bronze service stars.  Appendix B shows that during the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Tet 69 Counteroffensive (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)
* Sanctuary Counteroffensive (1 May 1970-30 June 1970) 
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star Medal with First Oak Leaf Cluster.  His DD Form 214 should be amended to add this award.

2.  The applicant was assigned to a unit during a period of time this unit was awarded Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation.  His participation in five campaigns makes him eligible for one silver service star to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.


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 Bronze Star Medal and

	b.  amending item 24 of his DD Form 214 to add:

* Bronze Star Medal (1st Oak Leaf Cluster)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* one silver service star to be worn on his already-awarded Vietnam Service 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.

ABCMR Record of Proceedings (cont)                                         AR20100000165



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ABCMR Record of Proceedings (cont)                                         AR20100000165



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