IN THE CASE OF:	  

		BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120008680 


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.

2.  The applicant states he was awarded the Bronze Star Medal, but it is not recorded on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, award citation, and award orders in support of his request.

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 military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, his DD Form 214 and documents provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he entered active duty on 8 February 1965, he was honorably released from active duty on 6 September 1968, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He had completed 3 years, 6 months, and 29 days of net active service that included 2 years, 2 months, and 11 days of foreign service.  It also shows in:

   a.  item 5a (Grade, Rate or Rank), item 5b (Pay Grade), and item 6 (Date of Rank):  staff sergeant (SSG), pay grade E-6, 14 January 1968;

   b.  item 12 (Last Duty Assignment and Major Command):  Armed Forces Courier Service - Saigon, U.S. Army Pacific;

   c.  item 23a (Specialty Number and Title):  71L4O, Courier Noncommissioned Officer; and

	d.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* Vietnam Service Medal
* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* National Defense Service Medal
* two Overseas Service Bars
* Republic of Vietnam Campaign Medal with Device (1960)

4.  Headquarters, U.S. Army Vietnam, General Orders Number 4455, dated
23 September 1968, and a Bronze Star Medal citation show the applicant was awarded the Bronze Star Medal for meritorious service against a hostile force in the Republic of Vietnam from January 1967 to September 1968.

5.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any other award orders pertaining to the applicant.
6.  A review of the applicant's available military records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's service in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows:

   a.  general orders awarded the applicant the Bronze Star Medal for meritorious service against a hostile force in the Republic of Vietnam from January 1967 to September 1968;

   b.  he qualified for award of the Vietnam Service Medal and he served in five campaigns during his service in Vietnam.  Thus, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal; and
   c.  general orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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 item 24 of his DD Form 214 the "VIETNAM SERVICE MEDAL"; and

	b.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Vietnam Service Medal with 1 silver service star
* 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)                                         AR20120008680



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120008680



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1