BOARD DATE: 30 August 2011
DOCKET NUMBER: AR20110003546
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) for the period ending 14 August 1968 to show award of the Bronze Star Medal.
2. He states the Bronze Star Medal is not listed on his DD Form 214. He noticed it was missing when he applied to the Neptune Society in December 2009.
3. He provides his DD Form 214 and Bronze Star Medal award 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 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 completed prior enlisted service from 28 May 1965 to 13 April 1966. He was appointed as a Reserve second lieutenant on 14 April 1966 with a concurrent call to active duty.
3. His DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 1 December 1966 to 28 October 1967 while assigned to Company A, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division.
4. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, shows the applicant was awarded the Bronze Star Medal for meritorious service from 2 August 1966 to 30 September 1967 by Headquarters, 9th Infantry Division, General Orders Number 5392, dated 13 October 1967.
5. He was released from active duty on 14 August 1968. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 14 August 1968 shows award of the Parachutist Badge, National Defense Service Medal, Ranger Tab, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Purple Heart, and one overseas service bar.
6. References:
a. 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 unit to which the applicant was assigned was cited for award of the:
(1) Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order Number 31, dated 1969.
(2) Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order Number 59, dated 1969.
b. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.
DISCUSSION AND CONCLUSIONS:
1. General orders show he was awarded the Bronze Star Medal; therefore, this decoration should be added to his DD Form 214 for the period ending 14 August 1968.
2. He was assigned to a unit in Vietnam that was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation when he was assigned to the unit. Therefore, these foreign unit awards should be added to his DD Form 214 for the period ending 14 August 1968.
3. His DD Form 214 for the period ending 14 August 1968 currently reflects the Vietnam Service Medal. Additionally, he received credit for participation in two campaigns during the Vietnam War. Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on his already-awarded Vietnam Service Medal.
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 the DD Form 214 for the period ending 14 August 1968 of the individual concerned be corrected by:
a. deleting the Vietnam Service Medal from item 24; and
b. adding the Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Vietnam Service Medal with two bronze service stars.
_______ _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) AR20110003546
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