IN THE CASE OF:	   

		BOARD DATE:	  20 September 2012

		DOCKET NUMBER:  AR20120004684 


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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 2 April 1969 and 15 February 1973 to add the Bronze Star Medal (BSM).

2.  The applicant states he was awarded the BSM for service in Vietnam.  He received it at Fort Hood, TX, in the fall of 1968.  The BSM was omitted from his DD Form 214.

3.  The applicant provides DD Forms 214 for the periods ending on 2 April 1969 and 15 February 1973 and a citation for award of the BSM.

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 31 March 1966 and held the military occupational specialty (MOS) 13B (Cannon Crewmember).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 10 September 1966 to 16 March 1967, and then in Vietnam from 13 July 1967 to 13 July 1968, where he was assigned to Battery A, 3rd Battalion, 18th Artillery Regiment, from 21 July 1967 to 9 July 1968.

4.  General Orders (GOs) Number 4882, issued by Headquarters, Americal Division, San Francisco, on 28 July 1968, awarded him the BSM.

5.  He was honorably released from active duty on 2 April 1969.  His DD Form 214 shows he completed 3 years of net active service, 1 year, 6 months, and 
2 days of which was credited as foreign service.  This form further shows he received:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal
* Purple Heart
* Marksman (Rifle) 

6.  On 25 February 1970, he again enlisted in the Regular Army and held MOS 71H (Personnel Clerk).  

7.  He was discharged from active duty on 15 February 1973.  His DD Form 214 shows he completed 2 years, 11 months, and 21 of net active service during that period of service, 8 months and 14 days of which was credited as foreign service, and 5 years, 11 months, and 21 days of total active service.  This form further shows he received:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device 1960
* Purple Heart
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 
* Two overseas service bars

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  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 four campaigns:
* Vietnam Counteroffensive, Phase III, 1 June 1967 - 29 January 1968
* TET Counteroffensive, 30 January 1968 - 1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968 - 30 June 1968
* Vietnam Counteroffensive, Phase V, 1 July 1968 - 1 November 1968

9.  DA Pamphlet 672-3 establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his service with the 
Battery A, 3rd Battalion, 18th Artillery Regiment, Vietnam, his unit was cited for award of the:

* Meritorious Unit Commendation for the period 27 November 1965 through 10 November 1967 by DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 23 October 1965 through 23 June 70, DAGO Number 55, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GOs awarded the applicant the BSM; therefore, he is entitled to correction of his DD Forms 214 for the periods ending on 2 April 1969 and 15 February 1973 to add the BSM.

2.  GOs awarded the his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned; therefore, he is entitled to correction of his DD Forms 214 for the periods ending on 2 April 1969 and 15 February 1973 to add these unit awards.

3.  He participated in four campaigns during his service in Vietnam; therefore, he is entitled to correction of his DD Forms 214 for the periods ending on 2 April 1969 and 15 February 1973 to show four bronze service stars affixed to his previously-awarded Vietnam Service Medal.

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:

* Deleting from his DD Form 214 for the period ending on 2 April 1969 the Vietnam Service Medal with two bronze service stars and from the period ending on 15 February 1973 the Vietnam Service Medal 
* Adding to his DD Forms 214 for the periods ending on 2 April 1969 and 
15 February 1973

* Bronze Star Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with four bronze service stars



      _______ _   __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)                                         AR20120004684





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ABCMR Record of Proceedings (cont)                                         AR20120004684



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