IN THE CASE OF:
BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100020129
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) for the period ending 28 April 1969 to show award of the Bronze Star Medal (BSM).
2. He states the BSM was awarded to him for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam (RVN) from November 1966 to October 1967, but the BSM was omitted from his DD Form 214.
3. He provides a copy of the BSM certificate, dated 21 October 1967.
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 enlisted in the Regular Army on 29 April 1966 and successfully completed basic and advanced individual training. He was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. He arrived in the RVN and was assigned to Company A, 2nd Battalion, 12th Infantry, 4th Infantry Division on 25 October 1966. He was reassigned to Company D, 2nd Battalion, 12th Infantry, 25th Infantry Division, on 28 August 1967.
4. General Orders Number 4069, Headquarters, 25th Infantry Division, dated 18 October 1967, awarded him the Bronze Star Medal for meritorious achievement during the period November 1966 to October 1967.
5. He departed RVN on 24 October 1967. On 28 April 1969, he was honorably released from active duty after completing 3 years of creditable active service with no lost time.
6. His DD Form 214 shows he was awarded:
* National Defense Service Medal
* Expert Marksmanship Qualification Badge (M-16 Rifle)
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal
* two overseas service bars
* Combat Infantryman Badge
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to 2nd Battalion, 12th Infantry, the unit was cited for the following awards:
* RVN Gallantry Cross with Palm Unit Citation for the period October 1966 through 1 August 1967 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 21 January 1970 by DAGO Number 51, dated 1971
8. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states 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 participation credit was awarded for the following three campaigns:
* Vietnam Counteroffensive (25 December 1965-30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the BSM. Therefore, his DD Form 214 should be amended to add this award.
2. He was assigned to a unit during a period of time the unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
3. His participation in three campaigns entitles him to wear three bronze service stars on his already-awarded Vietnam Service Medal.
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 amending item 24 of his DD Form 214 to add the Bronze star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service 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) AR20100020129
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100020129
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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