IN THE CASE OF:	  

		BOARD DATE:  18 September 2012

		DOCKET NUMBER:  AR20120004664 


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:

	a.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Bronze Star Medal (BSM) and all other awards to which he is entitled; and

	b.  correction of his service number on his BSM Certificate and Citation.

2.  The applicant states his service number ends in "30" not "03."  He adds after returning from the Republic of Vietnam (RVN), he was mailed two awards of the BSM; however, he only has proof for one of the awards and the other was lost after going through a divorce.

3.  The applicant provides:

* a DD Forms 214 
* a copy of a BSM Certificate, dated 10 February 1969
* a copy of a BSM 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 U.S. Army Reserve Delayed Entry Program (DEP) for 6 years on 9 March 1966.  On 23 May 1966, he was discharged from the DEP and enlisted in the Regular Army for 3 years on 24 May 1966.  

3.  Following Basic Combat and Advanced Individual Training, the applicant attended Officer Candidate School (OCS).  He was honorably discharged from active enlisted service on 17 April 1967 to accept a commission as an officer in the Army.

4.  His DD Form 214 for the period ending 17 April 1967 shows he completed 10 months and 24 days of active enlisted service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded:

* National Defense Service Medal (NDSM)
* Good Conduct Medal (GCMDL) (First Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  The applicant was appointed a Reserve Commissioned Officer of the Army and entered active duty on 18 April 1967 as a second lieutenant (2LT) in the Field Artillery.  He was assigned the following officer service number, XX-XXX-X30.  His entire DA Form 201 (Military Personnel Records Jacket (MPRJ)) shows this number.

6.  On 22 February 1968, he arrived in the RVN and was assigned to C Battery, 3rd Battalion, 82nd Artillery, 196th Light Infantry Brigade (LIB).  

7.  On 13 February 1969, the applicant departed the RVN.  On 15 February 1969, he was honorably released from active duty after completing 1 year, 9 months, and 28 days of commissioned service and a total of 2 years, 8 months, and 22 days of creditable active service.



8.  Item 2 of his DD Form 214 for the period ending 15 February 1969 shows the last two digits of his service number as "30."  Item 24 shows he was awarded: 

* RVN Campaign Medal with device (1960) (VCM)
* Vietnam Service Medal (VSM)

9.  General Orders Number 550, issued by Headquarters, Americal Division, dated 21 January 1969, show the applicant was awarded the BSM for meritorious service during the period February 1968 through February 1969.  The last two digits of his service number show the entry "03," but show his correct social security number.

10.  There are no orders in the applicant's service personnel records awarding him a second BSM.

11.  The applicant's DA Form 66 (Officer Qualification Record) shows in Item 21 (Awards and Decorations):

* NDSM
* GCMDL
* VSM
* VCM w/device 60
* 2 O/S bars

12.  He submitted a BSM Certificate and Citation for the BSM that shows he was awarded the BSM for meritorious service in the RVN during the period February 1968 to February 1969.  The last two digits of his service number in these documents show the entry "03."

13.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders for a second award of the BSM on file for the applicant.

14.  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 that at the time of the applicant's assignment to the 3rd Battalion, 82nd Artillery, it was cited for award of the Meritorious Unit Commendation (MUC) during the period 15 November 1967 through 17 March 1969 based on Department of the Army General Orders 39, dated 1970.

15.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

16.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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:

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) 
* Vietnam Counteroffensive Phase V (1 July - l November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request was carefully considered and it was determined there is sufficient evidence to support part of his request.

2.  General orders show he was awarded one BSM (First Award).  Therefore, his DD Form 214 should be amended to show award of the BSM for meritorious service during the period February 1968 through February 1969.  His DD Form 214 should be amended to add this award.

3.  There are no orders in the applicant's service personnel records and he has not provided evidence that shows he was awarded a second BSM.  Therefore, there is an insufficient basis for award of a second BSM in this case.

4.  The applicant's General Orders Number 550, issued by the Americal Division, dated 21 January 1969, his BSM Certificate, and his BSM Citation erroneously show the last two digits of his service number as "______03."

5.  The applicant’s DD Form 214 and all other documents in his MPRJ confirm that service numbers on the above documents are incorrect.  Therefore, General Orders Number 550, dated 21 January 1969 and his BSM Certificate should be corrected to reflect two last two digits of his service number as “30” as shown on his DD Form 214.



6.  The Board does not have the means to correct/redo award citations.  However, a copy of this decisional document will be filed in his official military personnel file (OMPF).  This should serve to clarify any questions or confusion concerning the difference in the last two digits of his BSM Citation recorded in his military record and to satisfy his desire to have the last two digits of his BSM Citation documented in his OMPF.

7.  Evidence of record shows the applicant was awarded the Army Good Conduct  Medal (First Award) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  His participation in four campaigns makes him eligible for four bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His last DD Form 214 should be amended to show these awards.

8.  The applicant was assigned to a unit during a period of time this unit was awarded the MUC.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his last DD Form 214 should be amended to add these awards.

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.  amending Item 24 of the applicant's DD Form 214 for the period ending 
15 February 1969 to add:

* BSM
* NDSM
* GCMDL
* MUC
* RVN Gallantry Cross with Palm Unit Citation
* four bronze service stars for wear on his already-awarded VSM
	b.  amending General Orders Number 550, issued by the Americal Division, dated 21 January 1969 and his BSM Certificate to show the last two digits of his service number as "30" as it is listed on his DD Form 214 for the period ending 15 February 1969.

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 adding a second award of the BSM to his DD Form 214 and correcting the last two digits of his service number on his BSM Citation.



      __________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)                                         AR20120004664



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ABCMR Record of Proceedings (cont)                                         AR20120004664



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