IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100020791 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of the Bronze Star Medal, Army Commendation Medal, and Senior Explosive Ordnance Disposal Badge.

2.  The applicant states these awards were inadvertently left off his records.  The Bronze Star Medal was issued two days after his expiration term of service with an incorrect social security number.

3.  The applicant provides copies of his DD Form 214, Bronze Star Medal certificate, Army Commendation Medal certificate, and Page 4 of his DA Form
20 (Enlisted 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 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.  On 23 June 1967, the applicant enlisted in the Regular Army.  He completed basic combat training and was enrolled in the Officer Candidate School.

3.  Special Orders Number 25, issued by the United States Army Engineer Officer Candidate Regiment, Fort Belvoir, dated 7 February 1968, award him the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  On 2 May 1968, the applicant was discharged for the purpose of accepting a commission in the U.S. Army Reserve.

5.  The applicant accepted a commission as a second lieutenant in the United States Army Reserve on 3 May 1968, with immediate call to active duty.  

6.  Special Orders Number 94, issued by the Watervliet Arsenal, dated 24 June 1970, assign him to the U.S. Military Assistance Command, Vietnam with a report date of 1 November 1970.

7.  He served in Vietnam from on or about 1 November 1970 to on or about 
30 April 1971. 

8.  Special Orders Number 258, issued by the Headquarters, First United States Army, dated 15 September 1970, awarded him the Senior Explosive Ordnance Disposal Badge.  

9.  General Orders Number 331, issued by the same headquarters, dated 
30 September 1970, awarded him the Army Commendation Medal for meritorious service from 7 December 1968 to 7 October 1970.

10.  General Orders Number 1806, issued by the United States Military Assistance Command, Vietnam (MACV), dated 24 April 1971, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from November 1970 to April 1971.  The last four numbers in the social security are shown as 3995 and the applicant's last four numbers are 3495.

11.  He was honorably release from active duty on 22 April 1977 and transferred to the U.S. Army Reserve Control Group (Reinforcement).





12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal
* Overseas Bar (1)

13.  Army Regulation 600-8-22, 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, the applicant participated in the Vietnam Counteroffensive, Phase VII. 

14.  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 U.S. MACV, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
8 February 1962 - 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show the award of the Bronze Star Medal, Army Commendation Medal, and Senior Explosive Ordnance Disposal Badge.

2.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, this badge should be shown on his DD Form 214 effective 2 May 1968.

3.  General orders awarded the applicant the Bronze Star Medal, Army Commendation Medal, and Senior Explosive Ordnance Disposal.  Therefore, he is entitled to correction of his DD Form 214, effective 22 April 1971, to show these awards.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214, effective 22 April 1971, should be corrected to show this award.

5.  He participated in one campaign while serving in Vietnam.  Therefore, he is authorized one bronze service star to be affixed to his Vietnam Service Medal and correction of his DD Form 214, effective 22 April 1971, to show this bronze service star.

6.  In view of the above, his request should be granted.

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 adding the Expert Marksmanship Qualification Badge with Rifle Bar to his 
DD Form 214, effective 2 May 1968; and by adding the following awards to his DD Form 214, effective 22 April 1971:

* Bronze Star Medal
* Army Commendation Medal
* Senior Explosive Ordnance Disposal Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* One bronze service star to be affixed to his previously awarded Vietnam Service Medal
* Expert Marksmanship Qualification Badge

2.  The applicant's Bronze Star Medal orders should be amended and his certificate reissued to show the correct social security number ending in 3495.




      ___________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)                                         AR20100020791





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ABCMR Record of Proceedings (cont)                                         AR20100020791



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