BOARD DATE:	  25 October 2012

		DOCKET NUMBER:  AR20120008116 


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) for the period ending 7 December 1971 to show award of the Bronze Star Medal.

2.  The applicant states the Bronze Star Medal was awarded in "1990" and is not on his DD Form 214.

3.  The applicant provides two DD Forms 214, a DA Form 1577 (Authorization for Issuance of Awards), and a Bronze Star Medal 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 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's records show he was inducted into the Army of the United States on 15 March 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  On 7 February 1968, he was honorably discharged for the purpose of immediate reenlistment.

3.  The DD Form 214 he was issued for this period of service shows he completed 10 months and 23 days of net active service.

4.  He enlisted in the Regular Army on 8 February 1968.  He served in Korea from 30 March 1968 to 24 April 1969.

5.  He served in Vietnam from on or about 21 September 1970 to 29 July 1971 while assigned to the 1st Battalion, 11th Infantry, 1st Infantry Brigade, 5th Infantry Division.

6.  General Orders (GO) Number 1289, dated 8 July 1971, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division, awarded him the Bronze Star Medal for meritorious service in Vietnam from September 1970 to August 1971.

7.  He was honorably released from active duty on 7 December 1971 and he was transferred to the U.S. Army Reserve.  He completed 3 years and 10 months of net active service during this period.

8.  The DD Form 214 he was issued for this period of service shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Armed Forces Expeditionary Medal (for service in Korea)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge

9.  A review of his records shows that during his service in Vietnam he participated in two campaigns.

10.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

11.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

12.  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 the 1st Battalion, 11th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971 in Department of the Army GO Number 41, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 7 December 1971 to show this award.

2.  His record confirms he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during a period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  He served in Korea during a qualifying period for award of the Korea Defense Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.



BOARD VOTE:

___X__  __X______  __X______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 7 December 1971 as follows:

* deleting award of the Vietnam Service Medal
* adding award of the –

* Bronze Star Medal
* Korea Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit 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)                                         AR20120008116



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ABCMR Record of Proceedings (cont)                                         AR20120008116



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