IN THE CASE OF:	  

		BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100009742 


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 reflects two bronze service stars (campaign stars), not two awards of the Bronze Star Medal
* he was awarded two Bronze Star Medals for his service in Vietnam 

3.  The applicant provides:

* orders, citation, and award certificate for the Bronze Star Medal for service during the period March 1970 to February 1971
* DD Form 214

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 25 September 1969.  He served as a light weapons infantryman assigned to Companies C and E, 1st Battalion, 6th Infantry, 198th Infantry Brigade, in Vietnam from 27 March 1970 through 13 February 1971.  On 29 June 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, two overseas service bars, Army Good Conduct Medal (1st Award), Army Commendation Medal with First Oak Leaf Cluster, Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.

4.  Headquarters, 23d Infantry Division, General Orders Number 01785, dated 12 February 1971, show the applicant received the Bronze Star Medal for the period March 1970 to February 1971.

5.  There are no orders for a second award of the Bronze Star Medal in the available records.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, reveal orders for the Bronze Star Medal for the period March 1970 to February 1971.

7.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

8.  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 the 1st Battalion, 6th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The regulation states the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

10.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he received two awards of the Bronze Star Medal for his service in Vietnam.  However, orders show he received one award of the Bronze Star Medal.  Since there are no orders for a second award of the Bronze Star Medal and the applicant provided no evidence to support his contention, there is insufficient evidence on which to base a second award of the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show one award of the Bronze Star Medal.

2.  The applicant's DD Form 214 shows the Vietnam Service Medal with two bronze service stars.  However, he participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___    GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting the entry "Vietnam Service Medal w/2 Bronze Stars" from item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 and 

	b.  adding the Bronze Star Medal, Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214.

2.  The Board further determined 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.

ABCMR Record of Proceedings (cont)                                         AR20100009742



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ABCMR Record of Proceedings (cont)                                         AR20100009742



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