BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120011013
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. He states he received the BSM after his expiration term of service and it was missing from his DD Form 214.
3. He provides his DD Form 214 and BSM citation and 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 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. The applicant enlisted in the Regular Army on 26 April 1966. He served in Republic of Vietnam (RVN) from 17 May 1967 to 27 November 1969 and was assigned to the 101st Radio Research Company, 509th Radio Research Group. He was honorably released from active duty on 1 December 1969.
3. Item 24 of his DD Form 214 shows the following:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal
* Meritorious Unit Commendation
* Army Good Conduct Medal
4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows that in addition to the awards listed on his DD Form 214, he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
5. He provides a BSM certificate, dated 2 October 1969 and a citation that show he was awarded the BSM for meritorious achievement in ground operations against hostile forces in the RVN from October 1968 to November 1969. Additionally, General Orders Number 3701, dated 2 October 1969, located on the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, confirms his award of the BSM.
6. Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the VSM for participation in each campaign. A silver service star is worn instead of five bronze service stars. His records indicate he participated in 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 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet shows the RVN Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. General orders verify he was awarded the BSM for service in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. His DA Form 20 verifies he was awarded Expert Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. The evidence of record shows he is entitled to wear the RVN Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this unit award.
4. The evidence also shows he participated in nine campaigns during his service in Vietnam. Therefore, he is entitled to correction of his records to show one silver and four bronze service stars to be worn on his already-awarded VSM.
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 the VSM from his DD Form 214; and
b. adding the following awards to his DD Form 214:
* BSM
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* RVN Gallantry Cross with Palm Unit Citation
* VSM with one silver and 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) AR20120011013
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ABCMR Record of Proceedings (cont) AR20120011013
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