IN THE CASE OF:
BOARD DATE: 9 February 2012
DOCKET NUMBER: AR20110016174
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 (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states when he requested to have the Purple Heart (PH) added to his DD Form 214 it also revealed the BSM he earned had not been included in the list of awards in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214,
3. The applicant provides a BSM citation and certificate in support of his application.
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 record shows the applicant entered active duty in the Regular Army on
5 January 1970, and was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).
3. The DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 6 July 1970 through 5 July 1971. It also shows he was promoted to the rank of specialist five/E-5 on 26 May 1971, and that this is the highest rank he attained while serving on active duty.
4. The applicants Military Personnel Records Jacket (MPRJ) contains Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mech) General Orders (GO) 790, dated 21 May 1971. These orders awarded the applicant the BSM for meritorious service during the period July 1970 to July 1971.
5. On 23 December 1971, the applicant was honorably released from active duty after completing 1 year, 11 months, and 19 days of active military service. The DD Form 214 he was issued as amended by a DD Form 215 (Correction to DD Form 214) issued on 18 August 2011, shows he earned the following awards during his active duty tenure:
* Expert Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Vietnam Service Medal with 1 bronze service star
* 2 Overseas Service Bars
* RVN Campaign Medal with 60 Device
* Army Commendation Medal with V Device
* Purple Heart
* Army Good Conduct Medal
* Combat Medical Badge
* RVN Gallantry Cross with Palm Unit Citation
DISCUSSION AND CONCLUSIONS:
The applicants request to add the BSM has been carefully considered and found to have merit. The applicants MPRJ contains orders confirming the applicant was awarded the BSM for his meritorious service in the RVN from July 1970 to July 1971. As a result, it would be appropriate to add this award to item 24 of his DD Form 214.
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 adding the Bronze Star Medal to item 24 of 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) AR20110016174
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ABCMR Record of Proceedings (cont) AR20110016174
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