IN THE CASE OF:	  

		BOARD DATE:  28 June 2012

		DOCKET NUMBER:  AR20120000577 


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 two additional Bronze Star Medals (BSM).

2.  The applicant states he was awarded three BSMs for his service in the Republic of Vietnam (RVN) and Cambodia (one for valor and two for service).  He states his record clearly shows he was awarded the BSM with "V" device on 25 April 1970; however, he claims to have also received a BSM on 27 December 1970 for service in the RVN from 7 March 1970 through 4 January 1971.  In addition, he was told he would receive a third BSM for achievement in combat operations from August 1970 through 4 January 1971.  He further states there must have been a clerical error; however, he is in the process of writing a memoir for his grandchildren and is devoting a chapter to his Army service and he would like the record to be accurate.

3.  The applicant provides:

* his DD Form 214
* two personal letters, dated 8 and 27 December 1970
* an undated/unsigned account of his service
* a letter from the National Personnel Records Center (NPRC), dated
17 January 2011


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 20 May 1968 under the Officer Candidate School (OCS) enlistment option.

3.  Special Orders Number 189, issued by Headquarters, 1st Advanced Individual Training Brigade, Fort Dix, NJ, dated 12 August 1968, awarded him the 1st Class Gunner (Sharpshooter Marksmanship Qualification) Badge with Machinegun Bar (M-60).

4.  He successfully completed OCS and on 28 March 1969, he was honorably discharged for the purpose of accepting a commission as a U.S. Army Reserve (USAR) Officer.  The DD Form 214 he was issued at the time shows award of the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  On 29 March 1969, the applicant was appointed as a USAR armor officer in the rank/grade of second lieutenant (2LT)/O-1 with concurrent call to active duty.

6.  Special Orders Number 175, issued by Headquarters, 2nd Squadron,
2nd Armored Cavalry Regiment, Fort Lewis, WA, dated 20 October 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  The applicant's record shows he served in the RVN with Company D,
1st Battalion, 11th Armored Cavalry Regiment from 8 March 1970 to 1 January 1971.

8.  General Orders Number 2808, issued by Headquarters, II Field Force Vietnam, dated 2 July 1970, awarded him the Bronze Star Medal with "V" device for heroism in connection with ground operations against a hostile force in the RVN on 25 April 1970.

9.  On 8 January 1971, he was honorably released from active duty in the rank/grade of first lieutenant (1LT)/O-2 to attend school.  He was transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 he was issued for this period of service, as corrected by a DD Form 215 (Correction to DD Form 214), dated 18 August 2011, show he was awarded the:

* BSM
* Purple Heart (PH)
* Army Commendation Medal (ARCOM)
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) with three bronze service stars
* RVN Campaign Medal with Device (1960)

10.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) shows he was awarded the BSM with "V" Device by the abovementioned general orders, dated 25 April 1970.  However, his official military personnel file (OMPF) does not contain any orders and the applicant did not provide any orders that awarded him additional BSMs.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any additional BSM orders pertaining to the applicant.

12.  The applicant submits a personal letter, dated 8 December 1970, that makes reference to "learning he received another BSM for actions in Cambodia" and "have been put in for another BSM for service."  He also submits a personal letter, dated 27 December 1970, that makes reference to receiving the rest of his medals "… another BSM, an ARCOM, and a PH" and further states "from what they say I’ll be getting another BSM later on."

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed the military awards program in Vietnam during the Vietnam War.  It stated the Bronze Star Medal was awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

15.  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 11th Armored Cavalry Regiment, was cited for award of the

* Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Order (DAGO) Number 43, dated 1972
* RVN Gallantry Cross with Palm Unit Citation for the period 1 March through 30 October 1970 by DAGO Number 55, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal with "V" Device for heroism on 25 April 1979.  Therefore, his DD Form 214 for the period ending 8 January 1971 should be corrected to show this award.

2.  The letters he submitted wherein he claims he was awarded two additional BSMs are noted; however, they are insufficient in themselves to grant him the requested relief.  The governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, including the Bronze Star Medal.  The applicant's sincerity is not in question; however, in the absence of orders awarding him any additional Bronze Star Medal, there is an insufficient evidentiary basis for granting this portion of the applicant's request.

3.  Records show the applicant participated in four campaigns during his service in the RVN.  Therefore, he is entitled to four bronze stars for wear on his already-


awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 8 January 1971 to show these bronze service stars.

4.  The applicant's unit in the RVN was cited for award of the Valorous Unit Award and the RVN Gallantry Cross with Palm unit Citation during his period of assignment.  Therefore, his DD Form 214 for the period ending 8 January 1971 should be corrected to show these unit awards.

5.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars.  Therefore, his DD Form 214 for the period ending 8 January 1971 should be corrected to show these marksmanship qualification badges.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X__ _  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 for the period ending 8 January 1971 the Bronze Star Medal and the Vietnam Service Medal with three bronze service stars, and

	b.  adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of any additional Bronze Star Medals.



      __________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)                                         AR20120000577



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ABCMR Record of Proceedings (cont)                                         AR20120000577



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