IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130003149
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 reconsideration of his earlier petition for award of the Bronze Star Medal.
2. The applicant states he previously applied to have the medal entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), but was told there was no record of the award.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214), dated 24 February 2006
* the front page of General Orders Number 1121, issued by Headquarters, 1st Aviation Brigade, dated 6 April 1972
* Bronze Star Medal Citation for the period 10 July 1971 to 20 April 1972
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. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20050000416, on 11 August 2005.
3. The applicant provides the front page of General Orders Number 1121 that was not previously reviewed by the ABCMR. Therefore, it is considered new evidence and as such, warrants consideration by the Board.
4. The applicant was inducted into the Army of the United States on 3 December 1970. He completed basic combat and advanced individual training and he was awarded military occupational specialty 67V (CH-47 Helicopter Repairman). The highest rank/grade he attained during his period of service was specialist four (SP4)/E-4.
5. He was stationed in Vietnam from 10 July 1971 through 8 July 1972, where he was further assigned to:
* Company A, 228th Aviation Battalion for the period 10 July through
4 October 1971
* redesignated as the 203rd Aviation Company (Assault Helicopter) from
5 October 1971 through19 April 1972
* Headquarters and Headquarters Company, 17th Combat Aviation Group from 20 April through 30 April 1972
* Air Force Advisory Team II from 1 May through 8 July 1972
6. His record contains Special Orders Number 48, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 17 February 1971, that awarded him the:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army
Human Resources Command, contains General Orders Number 1121, issued by Headquarters, 1st Aviation Brigade, dated 6 April 1972, that show he was awarded the Bronze Star Medal while assigned to the 203rd Assault Helicopter Company for the period 10 July 1971 through 20 April 1972.
8. On 8 July 1972, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214, as corrected by a DD Form 215, dated 24 February 2006, shows he was awarded or authorized the:
* Air Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Aviation Badge
DISCUSSION AND CONCLUSIONS:
1. General Orders Number 1121, dated 6 April 1972, awarded him the Bronze Star Medal for meritorious service in Vietnam from 10 July 1971 to 20 April 1972. Therefore, his DD Form 214 should be corrected to show this award.
2. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar. Therefore, his DD Form 214 should be corrected to show these marksmanship badges.
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 amendment of the ABCMR's decision in Docket Number AR20050000416, dated 11 August 2005. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the:
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
__________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) AR20130003149
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ABCMR Record of Proceedings (cont) AR20130003149
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