IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130004136
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 with Oak Leaf Cluster.
2. The applicant states the above award was omitted from his DD Form 214 in error.
3. The applicant provides no additional evidence.
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. He was inducted into the Army of the United States on 8 April 1968. Upon completion of initial entry training he was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank he attained while serving on active duty was staff sergeant (SSG)/E-6.
3. His record contains General Orders Number 1166, issued by Headquarters, 1st Infantry Division, dated 28 January 1970, which show he was awarded the Bronze Star Medal for the period April 1969 to January 1970.
4. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 10 April 1969 through 8 January 1970 while assigned to Company A, 1st Battalion, 26th Infantry, 1st Infantry Division.
5. On 11 January 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Air Medal
7. A 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 U.S. Army Human Resources Command, failed to reveal a Bronze Star Medal with Oak Leaf Cluster (2nd Award) pertaining to the applicant.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:
a. Department of the Army General Orders (DAGO) Number 53, dated 1970, awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March through 2 May 1970; and
b. DAGO Number 8, dated 1974, authorized his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
9. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam, he participated in the following three campaigns:
* Tet 69 Counteroffensive
* Vietnam Summer-Fall
* Vietnam Winter-Spring 1970
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form to show the Bronze Star Medal with Oak Leaf Cluster.
2. Orders show he was awarded the Bronze Star Medal. Therefore, his
DD Form 214 should be corrected to show this medal.
3. The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
4. He participated in three campaign phases during his Vietnam service. Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal (previously-awarded) with three bronze service stars.
5. The available record is void of orders awarding the applicant a Bronze Star Medal with Oak Leaf Cluster (2nd Award); therefore, this award should not be added to his DD Form 214.
6. In view of the above, his request should be granted partial relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 the:
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Bronze Star Medal with Oak Leaf Cluster.
___________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) AR20130004136
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ABCMR Record of Proceedings (cont) AR20130004136
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