IN THE CASE OF:	  

		BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120011636 


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 three awards of the Bronze Star Medal (BSM).

2.  The applicant states:

* To the best of his memory, he received three awards of the BSM in Vietnam
* He received the last award before he returned from overseas and the update in his military records never followed through
* He remembers getting three green vinyl folders with a BSM citation inside

3.  The applicant provides a copy of his DD Form 214. 

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 enlisted in the Regular Army on 22 July 1969 for a period of 
2 years.  He arrived in the Republic of Vietnam (RVN) on 8 January 1970.  He served as a light weapons infantryman assigned to Company D, 5th Battalion, 46th Infantry in Vietnam from 8 January 1970 to 22 February 1971.  On
23 February 1971, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 7 months, and 2 days of total active service.

3.  The DD Form 214 he was issued at the time shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal with "V" Device
* Combat Infantryman Badge
* BSM with 1st Oak Leaf Cluster

4.  The evidence of record shows he was awarded the BSM as follows:

	a.  General Orders Number 13737, issued by Headquarters, Americal Division, dated 13 October 1970, awarded him the BSM for meritorious achievement in the RVN for the period 1 June 1970 to 30 September 1970.

	b.  General Orders Number 16145, issued by Headquarters, 23d Infantry Division, dated 13 December 1970, awarded him the BSM for meritorious service in the RVN for the period January 1970 to December 1970.

	c.  General Orders Number 00966, issued by the same headquarters, dated 25 January 1971, awarded him the BSM (2nd Oak Leaf Cluster) for meritorious service for the period February 1970 to January 1971.

5.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat 


and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  in paragraph 2-13 that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

	b.  an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the BSM.

6.  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 5th Battalion, 46th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970 by Department of the Army General Orders Number 11, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows two awards of the BSM but orders show he received three awards of the BSM.  Therefore, his DD Form 214 should be corrected to show three awards of the BSM.

2.  He participated in three campaigns during his assignment in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

3.  His Vietnam unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show this unit award.

4.  In view of the foregoing, his DD Form 214 should be corrected 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 his DD Form 214 the:

* Bronze Star Medal (1st Oak Leaf Cluster)
* Vietnam Service Medal

	b.  adding to his DD Form 214 the:

* Bronze Star Medal (3d Award)
* Vietnam Service Medal with three 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)                                         AR20120011636



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ABCMR Record of Proceedings (cont)                                         AR20120011636



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