IN THE CASE OF:	   

		BOARD DATE:	  24 September 2013

		DOCKET NUMBER:  AR20130004030 


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 the Bronze Star Medal (BSM) and the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, he didn't know the importance of having these awards listed on his DD Form 214.

3.  The applicant provides copies of the following documents:

* His DD Form 214
* Citation for the BSM
* General Orders Number 2074 dated 23 February 1969

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 12 July 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest grade/rank he attained during this period of service was sergeant/E-5.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) with Company C, 3rd Battalion, 22nd Infantry of the 25th Infantry Division during the period 11 January 1968 to 24 December 1968.  He was honorably released from active duty on 11 July 1969.

4.  The applicant's DD Form 214 shows he earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* Republic of Vietnam Campaign Medal (RVNCM) 
* Army Good Conduct Medal (AGCM)
* 2 Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle)

5.  The applicant provides a copy of General Orders Number 2074, dated 23 February 1969, which awarded him the ARCOM with "V" device for heroism in connection with military operations against a hostile force while serving in the RVN on 13 September 1968.

6.  The applicant provides a copy of a Citation for the BSM for his outstanding meritorious service in the RVN during the period December 1967 to December 1968.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, contains General Orders Number 8866, dated 17 December 1968 which awarded the applicant the Bronze Star Medal for meritorious service against a hostile force.



8.  Army Regulation 600-8-22 states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  One silver service star will be worn instead of five bronze service stars.  Table B-1 contains a list of campaigns and shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the following five campaigns for the periods indicated:

* Vietnam Counteroffensive, Phase III (1 June 1967 through 29 January 1968
* TET Counteroffensive (30 January 1968 through 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 through 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 through 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 through 22 February 1969)

9.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to          28 March 1973.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's tenure of assignment in the RVN, his unit was cited for the following awards:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period February 1968 – 2 May 1970 by Department of the Army General Order (DAGO) Number 48, dated 1971
* Valorous Unit Award for the period 27 August 1968 – 31 October 1968 by DAGO Number 42, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 be corrected to show the ARCOM and the BSM has been carefully considered and found to have merit.

2.  General orders awarded the applicant the ARCOM with "V" device for heroic actions.  Therefore, his DD Form 214 should be corrected to show this award.

3.  General orders awarded the applicant the BSM for meritorious service in connection with military operations against a hostile force.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's records show he was awarded the VSM.  He participated in five campaigns while serving in the RVN; therefore, he is entitled to one silver service star to be affixed to his already-awarded VSM.

5.  General orders awarded all units in the RVN the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

6.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

7.  General orders awarded his unit the Valorous Unit Award which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

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 adding the following awards to his DD Form 214:

* BSM
* ARCOM with "V" device
* 
RVN Gallantry Cross with Palm
* RVN Civil Actions Honor Medal
* Valorous Unit Award
* One silver service star to his previously awarded VSM.



      _______ _   _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)                                         AR20130004030



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ABCMR Record of Proceedings (cont)                                         AR20130004030



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