IN THE CASE OF:	  

		BOARD DATE:  14 February 2012

		DOCKET NUMBER:  AR20110017667 


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 and any other awards he may be entitled.

2.  The applicant states he received the Bronze Star Medal in Vietnam but the award is not identified on his DD Form 214.

3.  The applicant provides a DD Form 214 and general 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 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 21 April 1969 for a period of
2 years.  He completed his training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  On 26 May 1970, he was awarded MOS 13A (Field Artillery Basic) as his primary MOS.

3.  Special Orders Number 169, issued by Headquarters, U.S. Army Training Center, Fort Polk, LA, dated 15 July 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  Special Orders Number 181, issued by the same headquarters, dated 28 July 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).

5.  Special Orders Number 303, issued by Headquarters, 1st Armored Division, dated 21 November 1969, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) he served in Vietnam with:

* Headquarters and Headquarters Battery, Division Artillery, 1st Cavalry Division during the period 12 May through 25 May 1970
* Battery A, 1st Battalion, 21st Artillery, 1st Cavalry Division from 26 May 1970 to 5 April 1971

7.  General Orders Number 8016, issued by Headquarters, 1st Cavalry Division, dated 21 April 1971, awarded him the Bronze Star Medal for meritorious achievement during the period February - March 1971.

8.  On 8 April 1971, he was honorably released from active duty in the rank/grade of corporal (CPL)/E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 10 months, and 28 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Army Good Conduct Medal
* Air Medal

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in Vietnam.  Appendix B of this regulation shows the campaigns for Vietnam.  During his tour in Vietnam, he participated in two campaigns:

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

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 units to which the applicant was assigned, was cited for award of the:

* Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Orders Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 by DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to correction of his DD Form 214 to show the Bronze Star Medal and any additional awards has been carefully reviewed.

2.  General orders awarded him the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.

4.  The applicant participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  His unit in Vietnam was cited for award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his
DD Form 214 should be corrected to show these unit awards.

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 from item 24 of his DD Form 214 the Vietnam Service Medal, and

	b.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Valorous Unit Award
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber)



      __________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)                                         AR20110017667



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ABCMR Record of Proceedings (cont)                                         AR20110017667



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