IN THE CASE OF:	

		BOARD DATE:	 19 September 2013 

		DOCKET NUMBER:  AR20130002408 


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 with 1st Oak Leaf Cluster.

2.  The applicant states he was awarded the Bronze Star Medal with 1st Oak Leaf Cluster in General Orders (GO) Number 3062, but it is not shown on his DD Form 214. 

3.  The applicant provides GO Number 3062, dated 17 March 1970.

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 appointed as a Reserve commissioned officer of the Army on 2 February 1968.  He entered active duty on 30 March 1968.  He served in Vietnam from 29 March 1969 to 23 March 1970.  He was assigned to the 25th Military Police Company. 

3.  Headquarters, 25th Infantry Division (Light), published the following GO:

* GO Number 926, dated 24 January 1970, awarding him the Bronze Star Medal for meritorious service from March 1969 to March 1970
* GO Number 3062, dated 17 March 1970, awarding him the Bronze Star Medal with 1st Oak Leaf Cluster for meritorious achievement from 28 January 1970 to 4 March 1970

4.  On 10 July 1970, Headquarters, U.S. Army Vietnam, authorized him to accept and wear the individual award of the Republic of Vietnam Armed Forces Honor Medal First Class.

5.  He was honorably released from active duty on 27 March 1970.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Army Commendation Medal
* Bronze Star Medal
* two overseas service bars

6.  His DA Form 66 (Officer Qualification Record) shows he qualified as Expert with the M-16 rifle on 28 January 1968.

7.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B shows that during his service in Vietnam participation credit was awarded for the below named campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Tet 69 Counteroffensive 1969, 23 February-8 June 1969
* Vietnam Summer-Fall 1969, 9 June-31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969-30 April 1970

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam with the 25th Military Police Company, this unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 30 September 1970 based on Department of the Army GO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 13 March 1966 to 21 January 1970 based on Department of the Army GO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him a second Bronze Star Medal.  His DD Form 214 omitted his second award.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal (2nd Award).

2.  The applicant served a qualifying period for award of the Vietnam Service Medal.  He also participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

3.  Headquarters, U.S. Army Vietnam, authorized him to accept and wear the individual award of the Republic of Vietnam Armed Forces Honor Medal First Class.  Therefore, he is entitled to correction of his DD Form 214 to show the Republic of Vietnam Armed Forces Honor Medal First Class.

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  His DA Form 66 shows he qualified as Expert with the M-16 rifle on 28 January 1968.  Therefore, he is entitled to award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and correction of his DD Form 214 to show this badge.


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:

	a.  deleting award of the Bronze Star Medal and Vietnam Service Medal from his DD Form 214; and

	b.  adding the following awards to his DD Form 214:

* Bronze Star Medal (2nd Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Armed Forces Honor Medal First Class
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)



      ____________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)                                         AR20130002408



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ABCMR Record of Proceedings (cont)                                         AR20130002408



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