IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110016367
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 award of the Bronze Star Medal (BSM).
2. He states the BSM was missing from his DD Form 214.
3. He provides his DD Form 214 and General Orders Number 8964, dated
17 July 1969.
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 was inducted into the Army of the United States on
14 December 1967. He served in Vietnam from 15 May 1968 to 16 July 1969.
3. During his tenure of service in Vietnam he was assigned to the following units:
* Headquarters and Headquarters Company (HHC), 1st Battalion, 327th Infantry Regiment from 25 May 1968 to 31 May 1968
* HHC, 2nd Battalion, 502d Infantry Regiment from 1 June 1968 to
16 July 1969
4. The applicant was honorably released from active duty on 21 July 1969, having completed 1 year, 7 months, and 8 days of total active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
6. General Orders Number 8964, dated 17 July 1969, show he was awarded the BSM for meritorious service during the period 1 June 1968 to 31 January 1969.
7. Special Orders Number 260, dated 16 September 1968, show he was awarded the Combat Medical Badge (CMB).
8. General Orders 7579, dated 24 June 1969, retrieved from the Awards and Decorations Computer Assisted Retrieval System (ADCARS) show he was awarded the Army Good Conduct Medal (AGCM) (1st Award).
9. 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, 502d Infantry Regiment was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 48, dated 1971.
10. Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the VSM for participation in each
campaign, a silver service star is worn instead of five bronze service stars. Based on his service in Vietnam, he is credited with participation in the following campaigns:
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
DISCUSSION AND CONCLUSIONS:
1. Orders verify the applicant is entitled to correction of his records to show awards of the BSM, AGCM, and the CMB.
2. The evidence of record shows he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
3. The evidence also shows he participated in five campaigns during his service in Vietnam. Therefore, he is entitled to correction of his records to show one silver service star to be worn on his VSM.
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:
a. deleting the VSM from item 24 of his DD Form 214; and
b. adding the BSM, CMB, AGCM, VSM with one silver service star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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) AR20110016367
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110016367
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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