IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120002795
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 (BSM) be added to his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he received a BSM that is not on his DD Form 214.
3. The applicant provides a BSM certificate in support of his request.
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. The applicant enlisted in the Regular Army on 9 May 1968, and was trained in and awarded military occupational specialty (MOS) 45M (Aircraft Armament Subsystem Mechanic).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 2 January 1969 through 1 January 1970. Item 38 (Record of Assignments) show that during his RVN tour he was assigned to the 163rd Aviation Company performing duties in MOS 45J as an aircraft armament mechanic. He had participated in four campaigns.
4. Item 41 (Awards and Decorations) of the DA Form 20 does not include the BSM. The applicants Military Personnel Records Jacket (MPRJ) is void of any documents or orders indicating he was ever recommended for or awarded either the BSM by proper authority while serving in the RVN.
5. On 1 May 1971, applicant was honorably released from active duty (REFRAD), in the rank/grade of specialist four (SP4)/E-4. The DD Form 214 he was issued shows he completed 2 years, 11 months, and 23 days of total active service. It also shows he earned the following awards during his active duty tenure:
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* 2 Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar
6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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, revealed Headquarters, 101st Airborne Division (Airmobile) General Orders Number 14151, dated 30 November 1969, awarded the applicant the Bronze Star Medal.
7. The applicant provides a copy of a BSM certificate, dated 30 November 1969, issued by the commander of the 101st Airborne Division (Airmobile) that indicates he was awarded the BSM for meritorious achievement in the RVN for the period 1 February 1969 to 30 November 1969.
8. 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.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 163d Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 on Department of the Army General Orders (DAGO) Number 43, dated 1969.
10. Department of the Army Pamphlet 672-3 shows the 163d Aviation Company was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 July1968 through 2 May 1970 on DAGO Number 48, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded the BSM, and it should be added to his DD Form.
2. The applicant participated in four campaigns, and his DD Form 214 should be amended to show he is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal.
3. The applicants unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period of time the applicant was assigned to the unit. Therefore, these unit awards should be added to his DD Form 214.
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 amending his DD Form 214 to add the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he is authorized to wear four bronze service stars on his Vietnam Service Medal.
__________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) AR20120002795
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ABCMR Record of Proceedings (cont) AR20120002795
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