IN THE CASE OF:	  

		BOARD DATE:	    30 August 2011

		DOCKET NUMBER:  AR20110003732 


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 the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, he never received his Bronze Star Medal but the order was mailed to his house.  He would like the Bronze Star Medal to be added to his DD Form 214.

3.  The applicant provides the orders awarding him the Bronze Star Medal and a copy of 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, and 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.  The applicant served in Vietnam during the period 24 October 1970 through 23 November 1971, assigned to Headquarters and Headquarters Company, 27th Engineer Battalion.

3.  General Orders Number 1958, dated 29 November 1971, show he was awarded the Bronze Star Medal (First Oak Leaf Cluster).  

4.  The applicant was honorably released from active duty on 28 November 1971.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, one overseas service bar, the Army Commendation Medal, and the Army Good Conduct Medal.

5.  Army Regulation 600-8-22 (Military Awards) 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.  A silver service star is authorized in lieu of five bronze service stars to be worn on the appropriate campaign medal.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971
* Consolidation I, 1 July 1971 - 30 November 1971
* Consolidation II, 1 December 1971 - 29 March 1972

6.  Department of the Army General Orders (DAGO) 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

7.  DAGO 6, dated 1974, awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, to Headquarters and Headquarters Company, 27th Engineer Battalion during the period 3 May 1970 to 30 April 1971.

8.  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.  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.  The applicant's request that his military records be corrected to show award of the Bronze Star Medal was carefully considered and determined to have merit.

2.  Orders awarded the applicant the Bronze Star Medal (First Oak Leaf Cluster).  Therefore, he is entitled to have his DD Form 214 corrected to show award of the Bronze Star Medal (First Oak Leaf Cluster).

3.  Records show the applicant participated in three campaigns while serving in the Republic of 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 these service stars.

4.  General orders awarded Headquarters, United States Army Vietnam and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during a period of time the applicant was assigned in Vietnam.  Therefore, he is entitled to have his records corrected to show this award.

5.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period of time the applicant was assigned to the unit.  Therefore, he is entitled to have his records corrected to show this unit award.

6.  The applicant's DD Form 214 shows he is authorized one overseas service bar.  He is authorized two and his DD Form 214 should be corrected accordingly.

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 following awards to his DD Form 214:

* Bronze Star Medal (1st Oak Leaf Cluster) 
* three bronze service stars to his previously-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two overseas service bars in lieu of the one currently shown



      __________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)                                         AR20110003732



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ABCMR Record of Proceedings (cont)                                         AR20110003732



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