IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120011730
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 and Air Medal.
2. The applicant states a simple clerical error occurred when he was separated from active duty.
3. The applicant provides copies of:
* DD Form 214
* Bronze Star Medal Certificate, Citation, and orders
* Air Medal Citation, orders, and letter of non-availability of the 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 was inducted into the Army of the United States on 3 March 1970. He completed training as a light weapons infantryman and was posted to Vietnam.
3. The applicant served in Vietnam from 29 September 1970 through 2 September 1971.
4. His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments):
* 29 September-14 November 1970 Company D, 2d Battalion, 22d Infantry, 25th Infantry Division
* 15-21 November 1970 23d Administration Replacement Detachment
* 22 November 1970-1 September 1971 Company D, 1st Battalion, 6th Infantry, 198th Infantry Brigade
5. Headquarters, 23d Infantry Division, General Orders Number 9334, dated 21 August 1971, awarded him the Air Medal for the period 10 October 1970 to 13 June 1971. General Orders Number 9615, dated 29 August 1971, awarded him the Bronze Star Medal for the period 1 September 1970 through 31 July 1971.
6. The applicant returned to the United States and served at Fort Benning, Georgia, until 16 November 1971 when he was honorably released from active duty and transferred to the U.S. Army Reserve as a specialist four/E-4.
7. His DD Form 214 lists the following authorized awards:
* National Defense Service Medal
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal (RVN) with Device (1960)
* Combat Infantryman Badge (1st Award)
* Army Commendation Medal with 1st Oak Leaf Cluster
* Army Good Conduct Medal (1st Award)
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. The following campaigns coincided with the applicant's tour of duty in Vietnam:
* Vietnam Counteroffensive Phase VII 1 July 1970-30 June 1971
* Consolidation I 1 July-30 November 1971
9. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 1st Battalion, 6th Infantry, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by Department of the Army General Orders (DAGO) Number 6, dated 1974. 2d Battalion, 22d Infantry, was awarded RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by DAGO Number 5, dated 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Bronze Star Medal and Air Medal.
2. The applicant served during two designated campaign periods and is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal.
3. He is authorized two awards of the RVN Gallantry Cross with Palm Unit Citation.
4. The above awards should be added to his DD Form 214.
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 as follows:
a. deleting award of the Vietnam Service Medal with one bronze service star and
b. adding award of the:
* Bronze Star Medal
* Air Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
____________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) AR20120011730
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ABCMR Record of Proceedings (cont) AR20120011730
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