IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110017254
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 and Aircraft Crewman Badge (currently known as the Aviation Badge) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 October 1970.
2. The applicant states his final DD Form 214 does not show these awards.
3. The applicant provides:
* DD Form 214 for the period ending 31 October 1970
* Orders for the Bronze Star Medal
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. Having prior active service in the Regular Army (RA), the applicant enlisted in the RA on 12 October 1953. He remained on active duty through continuous reenlistments. He arrived in Vietnam on 1 August 1968. He served as an infantry operations and intelligence specialist assigned to Headquarters and Headquarters Company, II Field Force Vietnam from 5 August 1968 to 31 July 1969. On 31 October 1970, he retired in the rank of master sergeant.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 October 1970 shows the:
* National Defense Service Medal
* Vietnam Service Medal "w/bronze svc star" [with bronze service star]
* Good Conduct Medal (3rd Award)
* Army Commendation Medal with First Oak Leaf Cluster
* Republic of Vietnam Campaign Medal with Device (1960)
4. Special orders, dated 12 June 1967, show he was awarded the permanent Aircraft Crewman Badge.
5. Orders, dated 23 July 1969, show he received the Bronze Star Medal.
6. Records show he participated in four campaigns during his assignment in Vietnam.
7. 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 II Field Force, Vietnam, the unit to which the applicant was assigned, was cited for award of the:
* Meritorious Unit Commendation for the period 1 September 1967 to
31 October 1968 by Department of the Army General Orders (DAGO)
Number 37, dated 1970
* Meritorious Unit Commendation for the period 1 November 1968 to
30 June 1970 by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders DAGO Number 51, dated 1971
8. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
9. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit.
DISCUSSION AND CONCLUSIONS:
1. Orders show he received the Bronze Star Medal and Aircraft Crewman Badge. His DD Form 214 for the period ending 31 October 1970 should be corrected to show these awards.
2. The applicant is also eligible to wear four bronze service stars on his Vietnam Service Medal instead of the one bronze service star now shown on his DD Form 214 for the period ending 31 October 1970.
3. His Vietnam unit was cited for two awards of the Meritorious Unit Commendation and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, his DD Form 214 for the period ending 31 October 1970 should be corrected to show these unit awards.
4. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period and is eligible for this award. His DD Form 214 for the period ending 31 October 1970 should be corrected 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 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 entry "Vietnam Service Medal w/bronze svc star" from item
24 of his DD Form 214 for the period ending 31 October 1970; and
b. adding the Bronze Star Medal, Aviation Badge, two awards of the Meritorious Unit Commendation, one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal in item 24 of this 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) AR20110017254
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ABCMR Record of Proceedings (cont) AR20110017254
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