IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100017787 


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).

2.  The applicant states he was given the BSM citation after his Vietnam tour and honorable discharge, but the award was not listed on his DD Form 214.  He further states he was never issued the medal either.

3.  The applicant provides his BSM citation and his 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’s military records show he enlisted in the Regular Army on
28 February 1969.  On 8 January 1970, he was honorably discharged to accept a commission as an officer in the Army with concurrent call to active duty.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Grenade Bar.

3.  He was awarded specialty number 0205 (communication and electronics staff officer).  He served in Vietnam from 29 December 1970 through 10 October 1971 while assigned to Headquarters and Headquarters Company, 13th Combat Aviation Battalion.  He was promoted to the rank/grade of first lieutenant (1LT)/
O-2 on 21 July 1969.

4.  General Orders Number 7062, issued by Headquarters, 1st Aviation Brigade, dated 4 November 1971, awarded the applicant the BSM for meritorious service from October 1970 to October 1971.

5.  He was honorably released from active duty on 12 October 1971.  Item 24 of the DD Form 214 for this period of service shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and one Overseas Service Bar.

6.  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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

7.  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 13th Combat Aviation Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 to 31 August 1972 by Department of the Army General Orders Number 6, dated 1974.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM by general orders.  Therefore, he is entitled to correction of his DD Form 214 to show this award and issuance of the corresponding medal set.

2.  He served in Vietnam and participated in two campaign phases.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  The applicant's unit during his period of assignment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The applicant qualified with the M-14 and M-16 rifles and with the hand grenade.  Therefore, he is entitled to correction of his last DD Form 214 to show his weapons qualification badges.

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 for the period ending 12 October 1971 the Vietnam Service Medal;

	b.  adding to item 24 of his DD Form 214 for the period ending 12 October 1971 the:

* Bronze Star Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Grenade Bar; and

	c.  issuing him the Bronze Star Medal set that he did not receive and any other medals or accouterments added to his records as a result of these Proceedings.



      __________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)                                         AR20100017787



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ABCMR Record of Proceedings (cont)                                         AR20100017787



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