IN THE CASE OF:	  

		BOARD DATE:	    18 August 2011

		DOCKET NUMBER:  AR20110002626 


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.

2.  The applicant states he was awarded the Bronze Star Medal on 10 March 1971 while assigned to the 101st Airborne Division.

3.  The applicant provides his DD Form 214, photocopy of his social security card, and Bronze Star Medal Certificate. 

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.  His military records show he was inducted into the Army of the United States on 27 October 1969.  He completed training and he was awarded the military occupational specialty of light weapons infantryman.  He was promoted to the rank/grade of sergeant (SGT)/E5.

3.  His DA Form 20 (Enlisted Qualification Record) shows during his tour of duty in the Republic of Vietnam (RVN) during the period 13 April 1970 through 22 March 1971 he performed duties as:

* an ammo bearer while assigned to Company A, 2d Battalion, 3d Infantry, 199th Brigade/(redesignated)Headquarters, 5th Infantry Division during the period 4 May to 5 October 1970
* a grenadier while assigned to Company C, 1st Battalion, 12th Infantry, 4th Infantry Division during the period 14 October to 5 November 1970
* a grenadier while assigned to Headquarters, and Headquarters Company, 2nd Battalion (Airmobile), 501st Infantry during the period 12 November to 21 November 1970
* a grenadier while assigned to Company D, 1st Battalion (Airmobile), 501st Infantry during the period 22 November 1970 to 18 March 1971

4.  General Orders Number 1972, issued by Headquarters, 101st Airborne Division, dated 8 March 1971, awarded him the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period May 1970 to March 1971.

5.  General Orders Number 1748, issued by the same headquarters, dated 27 February 1971, awarded him the Army Commendation Medal 1st award for meritorious achievement in the Republic of Vietnam during the period 1 September 1970 to 31 January 1971.

6.  General Orders Number 4077, issued by Headquarters, U.S. Army Vietnam, dated 2 September 1970, awarded him the Army Commendation Medal 2d award for meritorious achievement in the Republic of Vietnam during the period 15 April to 14 September 1970.

7.  General Orders Number 3931, issued by the same headquarters, dated 24 August 1970, awarded him the Army Commendation Medal with "V" device for heroism in the Republic of Vietnam on 7 August 1970.

8.  He was honorably released from active duty on 7 September 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed a total of 1 year,
10 months, and 11 days of active service.
9.  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 with two bronze service stars
* RVN Campaign Medal with 1960 Device
* Combat Infantryman Badge
* Army Commendation Medal 1st award
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* one overseas service bar

10.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Army Good Conduct Medal 1st award.

11.  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, he participated in the following three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

12.  Department of the Army Pamphlet 672-3 shows the units the applicant was assigned to while serving in the Republic of Vietnam were awarded the:

* RVN Gallantry Cross with Palm Unit Citation (two awards)
* RVN Civil Actions Honor Medal First Class Unit Citation

13.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual.  The regulation provides that although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

14.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

15.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded him three Army Commendation Medals, one of which was with the "V" device.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  His DA Form 20 shows he was awarded the Army Good Conduct Medal 1st award.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

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

5.  General orders awarded his units of assignment the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the units; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  His records show he served in Vietnam for sufficient time to qualify for 12 months credit toward the overseas service bar.  As such, he is entitled to correction of his DD Form 214 to show award of two overseas service bars.

7.  In view of the foregoing, the applicant's records should be corrected as recommended below.


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 and overseas service bar; and

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

* Bronze Star Medal
* Army Commendation Medal with "V" Device 3d award
* Army Good Conduct Medal 1st award
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation (two awards)
* RVN Civil Actions Honor Medal First Class Unit Citation
* two overseas service bars




      _______ _   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)                                         AR20110002626



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ABCMR Record of Proceedings (cont)                                         AR20110002626



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