IN THE CASE OF:
BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120006126
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 award of the Bronze Star Medal (BSM).
2. The applicant states he received the BSM for service in the Republic of Vietnam (RVN).
3. The applicant provides copies of:
* DD Form 214 ending on 30 November 1969
* DD Form 214 ending on 9 June 1967
* DD Form 214 ending on 9 June 1963
* DD Form 214 ending on 9 December 1958 with DD Form 215 (Correction to DD Form 214)
* Citation for 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 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. At the time of his application, the applicant was retired from the Regular Army in the rank of sergeant first class, pay grade E-7. He had completed a total of
23 years, 11 months, and 14 days of creditable active service.
3. In October 1967, the applicant departed Europe with the 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade, for duty in the RVN.
a. Records show Special Orders Number 253, 11th Infantry Brigade were published on 17 November 1967 awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
b. He served in the RVN from 5 December 1967 to 3 November 1968, and then returned to Europe.
c. General Orders Number 8406, Americal Division, dated 5 November 1968, awarded the applicant the BSM for meritorious service during the period October 1967 to November 1968.
4. On 30 November 1969, the applicant was retired from active duty. His
DD Form 214 shows the following awards:
* National Defense Service Medal (1st Oak Leaf Cluster)
* Good Conduct Medal (6th Award)
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Medical Badge
5. Army Regulation 600-8-22 (Military Awards), Appendix B, shows that based on the applicant's dates of service in the RVN he participated in the following five campaign periods: the Vietnam counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam counteroffensive, Phase V, and the Vietnam counteroffensive, Phase VI. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes five campaigns.
6. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the BSM.
2. General orders show the applicant was awarded the BSM for meritorious service while serving in the RVN. Therefore, this medal should be added to his DD Form 214.
3. Records show the applicant participated in five campaign periods during his service in the RVN. Therefore, he is eligible for award of a silver service star to be affixed to his already-awarded Vietnam Service Medal.
4. Records show the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected to show this foreign unit award.
5. Records show the applicant qualified as a sharpshooter with his rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore his DD Form 214 should be corrected to show this badge.
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 from his DD Form 214 for the period ending 30 November 1969 the Vietnam Service Medal; and
b. showing, in addition to the awards already-shown on his DD Form 214 for the period ending 30 November 1969, that his awards include:
* Bronze Star Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
__________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) AR20120006126
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ABCMR Record of Proceedings (cont) AR20120006126
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