BOARD DATE: 28 July 2011
DOCKET NUMBER: AR20110002121
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 (BSM) and Army Commendation Medal (ARCOM).
2. The applicant states he was awarded the BSM and ARCOM for his service in Vietnam from November 1969 to May 1970.
3. The applicant provides:
* ARCOM certificate and order
* BSM certificate and order
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 record shows he was commissioned a Reserve officer in the rank of second lieutenant (2LT) in the United States Army Reserve on 23 August 1968. He entered active duty on 8 November 1968.
3. His DA Form 66 (Officer Qualification Record) shows in item 17 (Foreign Service) he served in the Republic of Vietnam (RVN) from 4 November 1969 to 14 May 1970. Item 21 (Awards and Decorations) does not include the BSM or ARCOM.
4. The applicant's record is void of any evidence showing he was ever recommended for or awarded the BSM or ARCOM.
5. On 20 April 1970, the applicant was honorably released from active duty (REFRAD) after completing a total of 1 year, 9 months, and 7 days of creditable active duty service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal (NDSM) and Vietnam Service Medal (VSM).
6. The applicant provides two certificates with the corresponding orders issued by Headquarters, 1st Infantry Brigade, 5th Infantry (Mechanized) announcing the indicated awards:
* General Orders (GO) Number (#) 1068 dated 8 July 1970 - ARCOM
* GO #1306 dated 22 July 1970 - BSM
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.
a. Paragraph 2-13 contains guidance on award of the VSM. It states that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.
b. Table B-1 contains a list of campaigns and it shows that during the applicants tenure of assignment in the RVN, he was credited with participating in the Vietnam Winter-Spring 1970 and DA Sanctuary Counteroffensive campaigns.
c. Paragraph 9-13 of the awards regulation contains guidance on award of the RVN Campaign Medal with Device (1960). It states that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973. Individuals who serve for less than 6 months who have been wounded by hostile forces are also entitled to receive this award.
8. 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 (RVNGC) to all personnel assigned to the RVN from 8 February 1962 through
28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to add the BSM and ARCOM was carefully considered and found to have merit. He provides certificates and GOs that confirm he was awarded the BSM and ARCOM. Therefore, it would be appropriate to correct item 24 of his DD Form 214 to document these awards.
2. The evidence of record also shows that based on his RVN service and campaign participation, the applicant is authorized the RVNGC with Palm Unit Citation, RVN Campaign Medal with Device 1960, and 2 bronze service stars to be worn with his VSM. Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time.
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 the Vietnam Service Medal from item 24 of his DD Form 214 and adding the following awards:
* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device 1960
b. issuing him a correction to his DD Form 214 that reflects the above 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) AR20110002121
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