IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100017890 


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 the Bronze Star Medal (BSM) be added to his military record.

2.  The applicant states that the BSM is not documented in his military record.

3.  The applicant provides:

* BSM Certificate
* BSM Citation
* letter of congratulation

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 that after having prior service in the U.S. Army Reserve, he entered active duty in the rank of captain (CPT)/O-3 on 1 July 1968.  He served in specialty 3170 (General Dental Officer).

3.  The applicant's DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam (RVN) from 14 April 1969 to 1 April 1970.  Item 18 (Record of Assignments) includes an entry which shows he served with the 137th Medical Detachment from 6 July 1969 to 30 March 1970.

4.  Item 21 (Awards and Decorations) of his DA Form 66 does not include the BSM among its list of awards.  The applicant's military personnel records jacket (MPRJ) is void of any orders or other documents that indicate he was ever recommended for or awarded the BSM by proper authority while serving on active duty.

5.  The applicant's MPRJ contains a DA Form 67-6 (U.S. Army Officer Efficiency Report (OER)) which rated him as a dental officer while assigned to the 137th Medical Detachment during the period 15 August 1969 to 31 March 1970.  The indorser authenticated this document with his signature on 31 March 1970.  Part XI (Comments) includes the following comments made by the indorser, his commanding officer:

CPT K____'s performance of his assigned duties in a 14-chair dental clinic has been truly outstanding.  For the first three months of his tour, CPT K____ ably organized and supervised the Removable Prosthetic Section.  He also served admirably in the Crown and Bridge Section.  He is demanding, exacting, and attentive to the minutest detail and thinks nothing of extra hours.  His professional ability and his attitude for patient welfare have been acknowledged by many.  He served superbly in [the] combat zone.

6.  On 10 April 1970, the applicant was honorably released from active duty after completing 1 year, 9 months, and 10 days of active military service and he was transferred to the U.S. Army Reserve Control Group.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he earned the following awards:

* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM)
* two overseas service bars

7.  The applicant provides a BSM Certificate and Citation that show he was awarded this medal for meritorious service in the RVN from April 1969 to April 1970.  He also provides a letter of congratulation authored and signed by his commanding officer which shows the BSM was forwarded to him subsequent his departure from the RVN.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on award of the VSM.  It states that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.

9.  Department of the Army General Order Number 8, dated 1974, authorized award of the RVN Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the BSM and that it should be added to his military record.

2.  The evidence of record fails to include any evidence to show he was ever recommended for or awarded the BSM as he claims.  Although he provides a BSM Certificate and Citation as proof that he received this award, these documents alone, absent official orders announcing the BSM, are normally insufficient to add this award to his record.  However, in this case, the applicant also provides a letter of congratulation from his commanding officer that shows he was awarded the BSM subsequent to his departure from the RVN.  This letter is signed and authenticated with the identical signature reflected on the applicant's OER on file which rated him during his RVN tour of duty and documents his superb performance at that time.  As a result, the evidence provided by the applicant is corroborated by the evidence of record.  Accordingly, it would be appropriate to correct the applicant's record at this time to document his award of the BSM.

3.  The evidence of record also shows that based on the applicant's service and campaign participation in the RVN, he is also entitled to the VSM with three bronze service stars and the RVN Gallantry Cross with Palm Unit Citation.  Thus, it would be appropriate to add these awards to his DD Form 214 at this time.


BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  adding the BSM, VSM with three bronze service stars, and RVN Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214 and

	b.  providing him a correction to his 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)                                         AR20100017890



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ABCMR Record of Proceedings (cont)                                         AR20100017890



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