IN THE CASE OF:	  

		BOARD DATE:  11 July 2013

		DOCKET NUMBER:  AR20120022873 


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 the Bronze Star Medal (2nd Award) and Vietnam Service Medal with four bronze service stars.  

2.  The applicant states he was awarded two awards of the Bronze Star Medal during his period of service in Vietnam, but only one award is listed on his DD Form 214.  Also, the Vietnam Service Medal with four bronze service stars is not listed on his DD Form 214.

3.  The applicant provides:

* General Orders (GO) for the Bronze Star Medal (2nd Award)
* DD Form 214
* a letter from the National Personnel Records Center (NPRC)

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 complete military 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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.

3.  His available military records show he enlisted in the Regular Army on 11 July 1967.  He completed training and was awarded military occupational specialty 31G (Tactical Communications Chief).  

4.  His DD Form 214 shows he served in Vietnam from 4 August 1969 through 4 July 1970, during four campaigns.  

5.  He provides copies of the following:

   a.  GO Number 2314 issued by Headquarters, 1st Infantry Division, on 16 February 1970, awarding him the Bronze Star Medal for meritorious achievement from 1 January to 1 February 1970, while serving as a member of Headquarters and Headquarters Company (HHC), 2nd Battalion, 18th Infantry.

   b.  GO Number 7094 issued by Headquarters, 1st Cavalry Division, on 4 May 1970, awarding him the Bronze Star Medal with 1st Oak Leaf Cluster (OLC) for meritorious service from July 1969 to July 1970, while serving as a member of HHC, 228th Aviation Battalion.

6.  He was honorably released from active duty on 5 July 1970 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 2 years, 11 months, and 25 days of net active service with no time lost.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal 
* Army Good Conduct Medal
* Bronze Star Medal


7.  He also provides a copy of a letter from the NPRC which advised him of his entitlement to the:

* Bronze Star Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Vietnam Campaign Medal

8.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows during his assignment to the 2nd Battalion, 18th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 12 July 1965-7 April 1970, by DAGO Number 53, dated 1970.

10.  Department of the Army also shows during his assignment to the 228th Aviation Battalion, this unit was cited for award of the:

* Valorous Unit Award for service from 1 May-29 June 1970, by DAGO Number 42, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from May 1969-February 1970, by DAGO Number 11, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal with 1st OLC during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal (2nd Award).

2.  He participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  GO awarded his unit in Vietnam, the 2nd Battalion, 18th Infantry, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction to his DD Form 214 to show this award.
4.  GO awarded his unit in Vietnam, the 228th Aviation Battalion, the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction to his DD Form 214 to show these awards.

5.  In view of the foregoing, his records 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 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:

* deleting from the applicant's DD Form 214 the Bronze Star Medal and Vietnam Service Medal
* adding to his DD Form 214 the:

* Bronze Star Medal (2nd Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20120022873





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ABCMR Record of Proceedings (cont)                                         AR20120022873



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