IN THE CASE OF:	  

		BOARD DATE:  31 October 2013

		DOCKET NUMBER:  AR20130004696 


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, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of two Bronze Star Medals.

2.  The applicant states he was awarded the first Bronze Star Medal during his first tour in 1968.  He was awarded the second Bronze Star Medal after completing his fourth tour in 1970.  He did not notice the mistake until it was brought to his attention when he was applying for benefits from the Department of Veterans Affairs.

3.  The applicant provides a copy of General Order Number 942 awarding him 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 enlisted in the Regular Army on 8 September 1967.  He completed training and was awarded military occupational specialty 11B (light weapons infantryman).

3.  He served in Vietnam from 31 March 1968 to 7 June 1970, during eight campaigns.  He was assigned to:

* Company D, 2nd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade, from 6 April through 21 October 1968
* 67th Evacuation Hospital in a patient status from 22 October through 11 November 1968
* Company D, 2nd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade, from 12 November 1968 through 1 October 1969
* Headquarters and Headquarters Company, 2nd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade, from 2 October 1969 to 7 June 1970

4.  He provides a copy of General Order Number 942 issued by Headquarters, 173rd Airborne Brigade, dated 24 April 1970, awarding him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in Vietnam from June 1969 to June 1970.

5.  He was honorably released from active duty in pay grade E-4 on 7 June 1970 as an overseas returnee.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* four overseas service bars

6.  There is no evidence of record and he did not provide any orders awarding him a second Bronze Star 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for a first or second award of the Bronze Star Medal pertaining to the applicant.

8.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualifications in Arms) – the Second Class Gunner (Marksman) Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* item 41 (Awards and Decorations) – all the awards shown on his DD Form 214

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Paragraph 2-13 contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  One silver service star denotes five bronze service stars.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that during his period of service with 2nd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 in Department of the Army General Orders (DAGO) Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 through 16 March 1971 in DAGO Number 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal on 24 April 1970.  Therefore, his DD Form 214 should be corrected to show this award.
2.  The evidence shows he participated in eight campaigns during his service in Vietnam that entitles him to one silver service star and three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

3.  The evidence of record also shows he qualified as Marksman with the M-60 machine gun.  Therefore, his DD Form 214 should be corrected to show the appropriate marksmanship qualification badge.

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

5.  His contention that he was awarded a second Bronze Star Medal is acknowledged; however, there was no evidence found in his service personnel records or in the ADCARS data base to support the addition of this award to his DD Form 214.  In addition, he has provided no orders showing he was awarded a second Bronze Star Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting award of the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

* Bronze Star Medal
* Vietnam Service Medal with one silver service star and three bronze service stars
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined 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 a second award of the Bronze Star Medal and its addition to his DD Form 214.




      _______ _  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)                                         AR20130004696



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ABCMR Record of Proceedings (cont)                                         AR20130004696



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