BOARD DATE:	31 January 2012

		DOCKET NUMBER:  AR20110015292


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 the Bronze Star Medal. 

2.  The applicant states that for an unknown reason his Bronze Star Medal is not included on his DD Form 214 with his other awards, medals, and citations.  

3.  The applicant provides:

* DD Form 214
* General Orders Number 3235, Headquarters, 101st Airborne Division (Airmobile), dated 19 April 1971
* Bronze Star Medal Certificate, dated 31 March 1971
* Bronze Star Medal Citation, for the period June 1970 through April 1971
* letter, National Personnel Records Center (NPRC), St. Louis, MO, dated 14 July 2010

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 was inducted into the Army of the United States on 15 January 1968.  He completed training and was awarded military occupational specialty 52B (Power Generation Equipment Operator/Mechanic).  On 9 September 1968, he was honorably discharged for the purpose of immediate reenlistment [enlistment].

3.  On 10 September 1968, he enlisted for a 3-year term.

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he began his service in the Republic of Vietnam on 2 June 1970.  While no ending date is annotated, item 38 (Record of Assignments) of his DA Form  20 reveals he departed the Republic of Vietnam, enroute to the continental United States, on 23 April 1971.  Item 38 further reveals that during his service in the Republic of Vietnam, he was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airmobile), 506th Infantry Regiment, 101st Airborne Division (Airmobile).

5.  General Orders Number 3235, Headquarters, 101st Airborne Division (Airmobile), dated 19 April 1971, awarded him the Bronze Star Medal for meritorious service, during the period June 1970 through April 1971.

6.  On 28 April 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 3 years,         3 months, and 13 days of total active service, including 2 years, 6 months, and 5 days of foreign service.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

   a. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal 
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

   b. Item 30 (Remarks) contains the entry "VN [Republic of Vietnam] Service:  2 June 1970 – 28 April 1971"
7.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

8.  Army Regulation 600-8-22, 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, campaign participation credit was awarded for the following two campaigns:

* Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

9.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States, for qualifying service in the Republic of Vietnam, during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

10.  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 2nd Battalion (Airmobile), 506th Infantry Regiment, to which the applicant was assigned, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Department of the Army General Orders Number 6, dated 1974, for the periods:

* 1 March through 9 October 1971
* 18 April through 31 August 1971
* 6 September through 19 September 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Records show he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his previously-awarded Vietnam Service Medal.

3.  He served a qualifying period of service in Vietnam for entitlement to the Republic of Vietnam Campaign Medal with Device (1960), which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 amending item 24 of his DD Form 214, for the period ending 28 April 1971, to:

   a. delete the Vietnam Service Medal; and

   b. add the:

* Bronze Star Medal 
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      __________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20110015292



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