IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110024710
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 his awards of the Bronze Star Medal (BSM) and Army Commendation Medal (ARCOM) and any other awards he may be authorized.
2. The applicant states he received his awards of the BSM and ARCOM after he was released from active duty (REFRAD) and they were not entered on his DD Form 214.
3. The applicant provides copies of orders awarding him the BSM and ARCOM and his DD Form 214.
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 commissioned as a U.S. Army Reserve (USAR) second lieutenant on 3 June 1967 and was detailed as a Transportation Corps officer. He was ordered to active duty on 7 January 1970 for a period of 2 years.
3. He completed the Transportation Officer Basic Course and was assigned to Fort Devens, Massachusetts, for his first assignment.
4. On 11 November 1970, he was transferred to Vietnam for assignment to the 233d Transportation Company as a platoon leader. He was promoted to the rank of first lieutenant on 5 June 1971.
5. On 12 September 1971, he was awarded the BSM for meritorious service during the period November 1970 to October 1971.
6. He departed Vietnam on 9 October 1971 after serving in two campaigns and was transferred to Oakland Army Base, California, where he was honorably REFRAD on 13 October 1971 as an overseas returnee. He completed 1 year, 9 months, and 7 days of active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal (VSM), and Republic of Vietnam Campaign Medal with Device (1960).
7. On 11 November 1971, he was awarded the ARCOM for meritorious achievement during the period of November 1970 to October 1971.
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his awards of the BSM and ARCOM should be added to his DD Form 214 has been noted and found to have merit. He was awarded these medals in duly-authenticated orders and they should be added to his DD Form 214 at this time.
2. The applicant served in Vietnam during two campaigns and is thus entitled to two bronze service stars for wear on his already-awarded VSM.
3. Additionally, the evidence of record shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit. Accordingly, this unit award should be added to his DD Form 214 at this time.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 the VSM from his DD Form 214
* adding the BSM, ARCOM, VSM with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20110024710
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110024710
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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