BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120003870
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 that the Bronze Star Medal be added to his record.
2. The applicant states that it was mailed to him after he was discharged on 19 February 1972. He received it on 21 February 1972.
3. The applicant provides copies of the certificate for the Bronze Star Medal and his honorable discharge 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 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 and entered active duty on 16 October 1969. During his training as a medical aidman he qualified as a marksman with the M-14 Rifle.
3. He served in Vietnam from 11 April 1971 to 18 February 1972 with various units, as follows:
* Headquarters and Headquarters Company (HHC) , 3rd Battalion, 21st Infantry 196th Infantry Brigade from 20 April to 14 October 1971
* C Company, 23rd Medical Battalion from 15 October to 25 November 1971
* HHC, 196th Infantry Brigade from 26 November to 8 December 1971
* 1st Battalion, 7th Cavalry on 9, 10 and 11 December 1971
* 1st Cavalry Division (Airmobile) from 12 December 1971 through 18 February 1972
4. Headquarters, 3d Brigade (Separate), 1st Cavalry Division, Orders Number 453 of 21 February 1972 awarded the applicant the Bronze Star Medal for meritorious service for the period April 1971 to February 1972.
5. Aside from the Marksmanship Qualification Badge the applicant's DA Form 20 (Enlisted Qualification Record) lists the same awards as does his DD Form 214.
6. On 19 February 1972 the applicant was released from active duty early due to a phase-down early release program. His DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960) and the Combat Medical Badge.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:
a. the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation as awarded to 3rd Battalion, 21st Infantry for the period 1 March through 9 October 1971 by Department of the Army General Order (DAGO) Number 6 of 1974, and;
b. the Meritorious Unit Commendation was awarded to the 23rd Medical Battalion for the period 1 February through 27 November 1971 by DAGO Number 32 of 1973.
8. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for
qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is awarded for wear on the medal for each campaign. Campaign periods that coincide with the applicant's tour of duty are the Vietnam Counteroffensive Phase VII from 1 July 1970 - 30 June 1971, Consolidation I from 1 July - 30 November 1971, and Consolidation II from 1 December 1971 - 29 March 1972.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Bronze Star Medal.
2. He also qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar and three bronze service stars for wear on the Vietnam Service Medal.
3. His Vietnam units were awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
4. The above awards should be listed on 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:
a. deleting the Vietnam Service Medal with two bronze services stars from his DD Form 214, and
b. adding the Bronze Star Medal, Vietnam Service Medal with three bronze service stars, Meritorious Unit Commendation, RVN Gallantry Cross with Palm
Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar to his DD Form 214.
_______ _ _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.
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