IN THE CASE OF:	  

		BOARD DATE:	  30 August 2012

		DOCKET NUMBER:  AR20120003943 


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 the BSM was erroneously omitted from his DD Form 214. 

3.  The applicant provides a BSM certificate and citation. 

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 15 September 1967.  He was trained in and awarded military occupational specialty (MOS) 26B (Weapons Support Radar Repairman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from March 1969 to 12 April 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he served with Headquarters and Headquarters Battery (HHB), 2nd Battalion, 319th Artillery Regiment, performing duties in MOS 26B as a weapons support radar repairman.  Item 38 also shows the applicant received no less than “excellent” conduct and efficiency ratings.   

4.  The applicant’s Military Personnel Records Jacket (MPRJ) contains General Orders Number 2370, issued by Headquarters, 101st Airborne Division (Airmobile), dated 4 March 1970, which awarded the applicant the BSM for meritorious service in the RVN during the period from 1 May 1969 through 
28 February 1970.  

5.  The MPRJ is void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).  

6.  On 15 April 1970, the applicant was honorably released from active duty, in the rank of specialist five/E-5.  The DD Form 214 he was issued shows he completed 2 years, 7 months, and 1 day of active military service.  It also shows he earned the following awards: 

* National Defense Service Medal
* RVN Campaign Medal 
* Vietnam Service Medal (VSM)
* Army Commendation Medal 
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar
* 1 Overseas Service Bar

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM.  It states 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 three campaigns:


* TET 69 Counteroffensive, 23 February-8 June 1969 
* Vietnam Summer-Fall 1969, 9 June-31 October 1969 
* Vietnam Winter-Spring 1970, 1 November 1969-30 April 1970 
8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the Republic of Vietnam, his unit
(2nd Battalion, 319th Artillery Regiment) was cited for the:

* Presidential Unit Citation for the period 10-21 May 1969, by Department of the Army General Orders (DAGO) Number 16, dated 1972
* RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968-14 May 1969, by DAGO 43, dated 1970
*  RVN Civil Actions Honor Medal First Class Unit Citation for the period
3 October 1968-2 May 1970, by DAGO Number 48, dated 1971

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a 
court-martial.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the Bronze Star Medal has been carefully considered and found to have merit.  The MPRJ contains orders awarding the applicant the BSM for meritorious service in the RVN.  Therefore, it would appropriate to add this award to his DD Form 214.   

2.  The evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings throughout his service.  Further, his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for the period 15 September 1967 through 15 April 1970, and to add this award to his DD Form 214. 

3.  Further, based on his service and campaign participation in the RVN, he is also eligible for the 3 bronze service stars for wear on his already-awarded Vietnam Service Medal, the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 1 additional Overseas Bar.  Therefore, these awards should also 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:

   a.  Awarding him the Army Good Conduct Medal (1st Award) for the period 
15 September 1967 to 15 April 1970; and 

	b.  amending his DD Form 214 by deleting the current Vietnam Service Medal and Overseas Service Bar entries and adding the following awards:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 2 Overseas Service Bars



      _______ _   __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)                                         AR20120003943



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120003943



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1