IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110004426 


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 any missing medals and awards.

2.  He states that he seems to have awards for three Bronze Star Medals (BSM) but only one is listed on his DD Form 214.

3.  He provides:

* certificates awarding him two BSMs
* a letter showing he was awarded a second BSM

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.  The applicant enlisted in the Regular Army on 8 May 1968 and served until he was honorably discharged on 31 March 1969 for the purpose of accepting a commission.  He was commissioned as a second lieutenant in the U.S. Army Reserve (USAR) and ordered to active duty on 1 April 1969.

3.  His DA Form 66 (Officer Qualification Record) shows in:

* Item 15 (Ratings, Specialties, and Designations) Special Orders awarded him the Parachutist Badge
* item 17 (Foreign Service) he served in the Republic of Vietnam (RVN) from 15 April 1970 to 25 March 1971
* item 18 (Record of Assignments) he was assigned to Battery A, 1st Battalion, 21st Artillery Regiment, 1st Cavalry Division
* item 21 (Awards and Decorations) does not show a second award of the BSM

4.  On 29 March 1971, he relieved from active duty and reverted to USAR Control Group (Annual).  He completed 2 years, 10 months, and 22 days of total active service.  Item 24 (Decorations, Medals, Bandages, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device 1960, the Purple Heart, the Bronze Star Medal, the Air Medal, and the Army Commendation Medal.

5.  His record contains General Order Number 426, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 9 January 1971, which shows he was awarded the BSM for meritorious service while in the RVN from March 1970 to March 1971.

6.  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 General Orders Number 7266, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 1 April 1971, awarded him the BSM with 1st oak leaf cluster for meritorious achievement while in the RVN from 19 October to 20 December 1970.

7.  He submitted:

	a.  a certificate that shows he was awarded the BSM for meritorious achievement from March 1970 to March 1971 while in the RVN; 
       
   b.  a certificate that shows he was awarded the BSM (2nd award) for meritorious achievement from 19 October to 20 December 1970 while in the RVN; and 
      
   c.  a memorandum from the USAR Components Personnel and Administration Center (now known as Human Resources Command), St. Louis, MO, dated 10 April 1972, which shows he was awarded the BSM (2nd award).

8.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that Battery A, 1st Battalion, 21st Artillery Regiment, 1st Cavalry Division, the unit to which the applicant was assigned, was cited for award of the:

   a.  Valorous Unit Award for action during the period 1 May to 29 June 1970, by Department of the Army General Order (DAGO) 43, dated 1972; and 
   
   b.  RVN Gallantry Cross with Palm Unit Citation for action during the period 21 February to 28 February 1971, by DAGO Number 42, dated 1972.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  Appendix B shows that during his service in the RVN, the applicant participated in the following three campaigns:

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

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the BSM (2nd award).  Therefore, he is entitled to have his DD Form 214 corrected to show this award.  However, there is no evidence of record to show he was awarded a third BSM.


2.  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.

3.  DAGOs awarded his unit Valorous Unit Award and RVN Gallantry Cross with Palm Unit Citation for actions during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show this award and citation.

4.  Special orders awarded him the Parachutist Badge.  Therefore, he is entitled to have his DD Form 214 corrected to show this badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_________  _______  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 for the period ending 29 March 1971 the Bronze Star Medal and Vietnam Service Medal; and

	b.  adding to item 24 of his DD Form 214 for the period ending 29 March 1971 the:

* Bronze Star Medal (2nd award)
* Valorous Unit Award
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding a third BSM to his DD Form 214.  

      _______ _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)                                         AR20110004426



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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