IN THE CASE OF:
BOARD DATE: 8 February 2011
DOCKET NUMBER: AR20100019264
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 request correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect award of the Bronze Star Medal.
2. He states he was awarded the Bronze Star Medal and it is not shown on his DD Form 214. He was abroad on duty as a foreign service officer. He has the medal and citation and he is sure his military records document the award.
3. He provides 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 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's military records show he enlisted in the Regular Army in pay grade E-1 on 17 January 1966, for 3 years, with prior U.S. Army Reserve, Delayed Entry Program, service. He completed training and was awarded military occupational specialty 32D, Fixed Plant Carrier Repairman. He served in Vietnam from on or about 5 February 1967 through on or about 12 September 1968, during five campaigns. He was assigned to the Long Lines Detachment.
3. General Orders Number 1070 issued by Headquarters, 1st Signal Brigade on 17 December 1968 awarded him the Bronze Star Medal for meritorious service in the Republic of Vietnam from 5 February 1967 to 12 September 1968.
4. He was honorably released from active duty in pay grade E-6 on 13 September 1966, as an overseas returnee, and was transferred to the U.S. Army Reserve Control Group.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and the Army Good Conduct Medal.
6. Army Regulation 600-8-22 (Military Awards) states 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.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms he was awarded the Bronze Star Medal on 17 December 1968. However, this award is not shown on his DD Form 214. Therefore, his DD Form 214 should be corrected to show this award.
2. He participated in five campaigns while serving in Vietnam. Therefore, he is entitled to award of one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the addition of this service star.
3. General orders also entitled the applicant to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, it would be appropriate to correct his records to show this unit award on his DD Form 214.
4. In view of the foregoing, his records should be corrected as recommended below.
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 adding to Item 24 of the applicant's DD Form 214 the Bronze Star Medal, one silver service star to be affixed to his Vietnam Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation and providing him a corrected document showing these awards.
_______ _ __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) AR20100019264
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ABCMR Record of Proceedings (cont) AR20100019264
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