IN THE CASE OF:
BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120010656
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. He states the Bronze Star Medal is not shown on his DD Form 214.
3. The applicant provides:
* DD Form 214
* General Orders Number 1039
* Bronze Star Medal Citation
* transmittal of award memorandum
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 appointed as a Reserve commissioned officer of the Army in the Medical Corps and executed an oath of office on 2 November 1966.
3. He entered active duty on 7 July 1968 and subsequently served in Vietnam from 24 June 1969 to 21 June 1970. He was assigned to:
* 5th Battalion, 4th Artillery Regiment, 5th Infantry Division, from 1 July to 14 October 1969
* Company B, 75th Support Battalion, 5th Infantry Division, from 15 October to 6 December 1969
* 91st Evacuation Hospital from 7 December 1969 to 23 June 1970
4. General Orders Number 99 issued by Headquarters, 5th Infantry Division, on 30 January 1970 awarded him the Army Commendation Medal for meritorious achievement with the 75th Support Battalion from 24 June to 23 November 1969.
5. General Orders Number 1039 issued by Headquarters, U.S. Army Medical Command-Vietnam, on 12 June 1970 awarded him the Bronze Star Medal for meritorious service with the 91st Evacuation Hospital from January to June 1970.
6. He was honorably released from active duty in the rank of major on 24 June 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
7. Item 23 (Qualification in Arms) of his DA Form 66 (Officer Qualification Record) shows he qualified as Expert with the M-16 rifle on 5 May 1969.
8. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to:
* Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973
9. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for 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, campaign participation credit was awarded for the:
* Tet 69 Counteroffensive 1969, 23 February-8 June 1969
* Vietnam Summer-Fall 1969, 9 June-31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969-30 April 1970
* Sanctuary Counteroffensive, 1 May-30 June 1970
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the Bronze Star Medal and Army Commendation Medal which are not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2. General orders awarded all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
3. He was awarded the Vietnam Service Medal. Additionally, he participated in four campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to four bronze service stars to be affixed to the Vietnam Service Medal and to correction of his DD Form 214 to show these service stars.
4. He qualified as Expert with the M-16 rifle. Therefore, he is entitled to award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and to correction of his DD Form 214 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 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 adding the following awards to his DD Form 214:
* Bronze Star Medal
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal
_____________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) AR20120010656
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ABCMR Record of Proceedings (cont) AR20120010656
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