IN THE CASE OF:	  

		BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110002084 


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 show award of the Bronze Star Medal (BSM).

2.  The applicant states he was awarded the BSM on 17 August 1969 but it does not appear on his DD Form 214.

3.  The applicant provides:

* the award certificate and citation for the BSM
* 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 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.  Having prior enlisted service in the Regular Army, on 19 October 1967 the applicant was commissioned a second lieutenant in the U.S. Army Reserve (USAR) with concurrent call to active duty.  He served as a photo officer assigned to the 221st Signal Company in Vietnam from 30 August 1968 to
20 August 1969.  He was honorably released from active duty on 12 September 1969 and he was transferred to the USAR Control Group (Reinforcement).

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

4.  General Orders Number 2045, issued by Headquarters, 1st Signal Brigade (USASTRATCOM), dated 27 August 1969, awarded the applicant the BSM for meritorious in the Republic of Vietnam from 27 August 1968 to 8 August 1969.

5.  Item 23 (Qualifications in Arms) of his DA Form 66 (Officer Qualification Record) shows he qualified as a sharpshooter with the M-14 rifle.

6.  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, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

7.  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 221st Signal Company, the unit to which the applicant was assigned, was cited for award of the Meritorious Unit 


Commendation for the period 1 July 1969 through 31 March 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971.

8.  Department of the Army Pamphlet 672-3, paragraph 6d states that 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. Army Vietnam, and its subordinate units, during the period
20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the BSM for meritorious service in the Republic of Vietnam from 27 August 1968 to 8 August 1969.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  His unit was cited for the award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  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.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  Records show the applicant qualified as a sharpshooter with the M-14 rifle.  Therefore, his DA Form 214 should be corrected to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars, and

	b.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      ___________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)                                         AR20110002084



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ABCMR Record of Proceedings (cont)                                         AR20110002084



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