IN THE CASE OF:	  

		BOARD DATE:	  10 May 2012

		DOCKET NUMBER:  AR20110021716 


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 he was awarded the Bronze Star Medal but it is not listed on his DD Form 214.

3.  The applicant provides an order and a citation showing award of 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 was appointed as a Reserve commissioned officer and entered active duty on 12 May 1968.  He served in Vietnam with the 34th Engineer Battalion from 12 May 1969 to 5 May 1970, a period of 11 months and 23 days.

3.  General Orders (GO) Number 472, issued by Headquarters 20th Engineer Brigade, on 14 April 1970, awarded him the Bronze Star Medal for service from 12 May 1969 to 4 May 1970.

4.  He was honorably released from active duty on 7 May 1970.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* Republic of Vietnam Campaign Medal
* One overseas service bar

5.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

6.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 34th Engineer Battalion in Vietnam, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Citation for service from 20 December 1968 to 1 December 1969, based on DAGO Number 52, dated 1971.

7.  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.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Winter-Spring 1970, 1 November 1969 to 30 April 1970 
* DA Sanctuary Counteroffensive, 1 May to 30 June 1970

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  GOs 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 it.

2.  GOs awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, neither of which is shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars to be affixed to his Vietnam Service Medal.

4.  He completed 11 months and 23 days of foreign service in Vietnam which would have qualified him for two overseas service bars.  Only one overseas service bar is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show two overseas service bars.

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 deleting from his DD Form 214 the Vietnam Service Medal and one bronze service star and adding to his DD Form 214 the:

* Bronze Star Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Two overseas service bars



      _______ _   _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)                                         AR20110021716



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ABCMR Record of Proceedings (cont)                                         AR20110021716



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