IN THE CASE OF:
BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20100030400
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 to add the Bronze Star Medal and any awards and decorations to which he may be entitled.
2. The applicant states:
* he received the Bronze Star Medal several months after he was discharged
* he needs his DD Form 214 corrected for Department of Veterans Affairs benefits
3. The applicant provides:
* permanent change of station orders
* amendment orders
* Bronze Star Medal Citation
* 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 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. He was ordered to active duty from the U.S. Army Reserve (USAR) on 20 August 1969. He arrived in Vietnam on 1 September 1970. He served as a cargo officer assigned to the 368th Transportation Company in Vietnam from 7 September 1970 to 22 April 1971. On 5 May 1971, he was released from active duty and transferred to the USAR Control Group (Annual Training).
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
4. General Orders Number 490, Headquarters, U.S. Army Support Command, Saigon, dated 14 May 1971, show he was awarded the Bronze Star Medal for meritorious service during the period August 1970 to May 1971.
5. Records show he participated in one campaign during his assignment in Vietnam.
6. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. General orders show he was awarded the Bronze Star Medal. His DD Form 214 should be corrected to show this medal.
2. He participated in one campaign during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one bronze service star. His DD Form 214 should be corrected to show this award with service star.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period and is entitled to this award. His DD Form 214 should be corrected to show this unit award.
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 adding the Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.
___________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) AR20100030400
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ABCMR Record of Proceedings (cont) AR20100030400
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