IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100018527
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 5 June 1971 be corrected to reflect his award of the Bronze Star Medal (BSM).
2. The applicant states that he was awarded the BSM after he was released from active duty (REFRAD) and it was never added to his DD Form 214.
3. The applicant provides:
* A copy of his DD Form 214
* A copy of his BSM Certificate
* A copy of his honorable discharge orders and certificates
* A copy of his DA Form 66 (Officer Qualification Record)
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 12 September 1968 for a period of 2 years under the Officer Candidate School (OCS) enlistment option. He completed basic and advanced individual training at Fort Dix, New Jersey and was transferred to Fort Benning, Georgia to undergo OCS.
3. On 31 July 1969, he was honorably discharged to accept a commission. He had served 10 months and 19 days of active service.
4. On 1 August 1969, he was commissioned as an infantry second lieutenant and was transferred to Fort Carson, Colorado for his first duty assignment.
5. He was transferred to Vietnam on 15 July 1970 and was assigned to the Military Assistance Command Vietnam (MACV) for duty on Advisory Team 88. He was promoted to the rank of first lieutenant on 1 August 1970.
6. He served in one campaign and departed Vietnam on 31 May 1971. He was transferred to Oakland Army Base, California where he was honorably REFRAD on 5 June 1971. He had served 2 years, 8 months, and 24 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), and the Republic of Vietnam Campaign Medal.
7. General Orders Number 2322 issued by Headquarters, MACV on 4 June 1971 awarded the applicant the BSM (1OLC) for the period of July 1970 to June 1971.
8. Army Regulation 600-8-22 (Military Awards) states one bronze service star is worn on the appropriate service medal, to include the Vietnam Service Medal, for each credited campaign participation.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for
campaign participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict. It shows that the applicants unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation during the period the applicant was assigned to the unit.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant was awarded the BSM (1OLC) on 4 June 1971. Accordingly, that award should be added to his records at this time.
2. The applicant also served in one campaign while in Vietnam and thus is entitled to wear one bronze service star on his already-awarded VSM.
3. Additionally, the applicants unit was subsequently awarded the RVNGC w/Palm Unit Citation for the period he served with the unit. Accordingly, he is entitled to have that award added to his records as well,
BOARD VOTE:
___X____ ___X___ ____X___ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to:
* Add the BSM (1OLC) and the RVNGC w/Palm Unit Citation
* Delete the award of the VSM
* Add the award of the VSM with one bronze service star
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply
appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20100018527
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ABCMR Record of Proceedings (cont) AR20100018527
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