BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120003622 


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 he was awarded two Bronze Star Medals.

2.  The applicant states he received a certificate from the National Personnel Record Center (NPRC) and the Bronze Star Medal showing he was awarded it for service in Vietnam with the 173d Reconnaissance Unit.  He states the second Bronze Star Medal should come from being in Company K, 75th Airborne Ranger Battalion, attached to the 4th Infantry.

3.  The applicant provides copies of his DD Form 214 and Bronze Star Medal Certificate.

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 29 January 1970.  He completed training as a light weapons infantryman.

3.  On 18 May 1970, Special Orders Number 103 were published by Headquarters, 2d Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, awarding the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

4.  He arrived in Vietnam on 4 September 1970 and was assigned to Company E, 4th Battalion (Airborne), 503d Infantry, 173d Airborne Brigade.  He participated in the Vietnam Counteroffensive Phase VII Campaign which extended from 1 July 1970 through 30 June 1971.  He departed Vietnam en route to the United States on 19 March 1971.

5.  On 11 July 1971, General Orders Number 1603 were published by Headquarters, 173d Airborne Brigade awarding the applicant the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from September 1970 through August 1971.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows Special Orders Number 179 were published on 22 July 1971 awarding him the Parachutist Badge.

7.  The applicant was honorably discharged on 8 October 1971 due to dependency.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge

8.  On 15 July 2009, the NPRC authorized shipment of the following awards to the applicant:

* Bronze Star Medal
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge (First Award)
* 
Republic of Vietnam Campaign Ribbon with Device (1960)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Basic Parachutist Badge

9.  There are no orders contained in the applicant's official military records showing he was awarded a second Bronze Star Medal.

10.  A 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding the applicant a second Bronze Star Medal.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

	b.  A bronze service star is worn on the Vietnam Service Medal for each credited campaign.

12.  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 unit to which the applicant was assigned was cited for the following awards:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 in Department of the Army General Orders Number 51, dated 1971, and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 to 16 March 1971 in Department of the Army General Orders Number 5, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  There is no evidence in the available record and the applicant has not submitted any evidence showing he was awarded a second Bronze Star Medal for service while assigned to Company K, 75th Airborne Ranger Battalion.  There are no orders in ADCARS showing he was awarded a second Bronze Star Medal.  As a result, his DD Form 214 should not be amended to show a second Bronze Star Medal.

3.  The applicant's DD Form 214 should be amended to add the following awards:

* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* one bronze service star to be affixed to his already-awarded Vietnam Service Medal

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x_____  ___x__  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 partial 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 for the period ending 8 October 1971 to add the following awards:

* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Parachutist Badge
* 
Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* one bronze service star to be affixed to his already-awarded Vietnam Service Medal

2.  The Board further determined 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 amending his DD Form 214 to show he was awarded a second Bronze Star 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)                                         AR20120003622



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ABCMR Record of Proceedings (cont)                                         AR20120003622



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