IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130001968
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 his award of the Bronze Star Medal be added to his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states the award was omitted at the time the DD Form 214 was prepared.
3. The applicant provides copies of his DD Form 214 and orders for the Bronze Star Medal.
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 on 8 December 1965 and served on active duty in military occupational specialty 11B (Light Weapons Infantryman) until 7 December 1967.
3. His DD Form 214 lists his awards as the Vietnam Service Medal, National Defense Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), and the Air Medal.
4. His record contains orders for the following awards: the Bronze Star Medal, Air Medal, Good Conduct Medal, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Machinegun Bar.
5. His DA Form 20 (Enlisted Qualification Record) shows service in Vietnam with 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division from 26 May 1966 through 19 May 1967.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that while the applicant was assigned to the 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
7. Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal. The regulation lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam he is shown to have served during the following two campaign periods: the Vietnam Counteroffensive, 25 December 1965 - 30 June 1966, and the Counteroffensive Phase II, 1 July 1966 - 31 May 1967.
DISCUSSION AND CONCLUSIONS:
1. The applicant's award of the Bronze Star Medal, Good Conduct Medal, and Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars were omitted from his DD Form 214. It is appropriate to correct this omission.
2. The applicant served in Vietnam during two campaign periods and is authorized two bronze service stars for wear on his Vietnam Service Medal; his DD Form 214 lists only the basic medal. It is appropriated to delete the Vietnam Service Medal entry and replace it with the Vietnam Service Medal with two bronze service stars.
3. In addition to his other awards, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. It is appropriate to add this award 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 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 Vietnam Service Medal from his DD Form 214; and
b. adding to his DD Form 214 the Bronze Star Medal, Vietnam Service Medal with two bronze service stars, Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.
_______ _ 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) AR20130001968
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ABCMR Record of Proceedings (cont) AR20130001968
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