IN THE CASE OF:	  

		BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130005068 


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 Vietnam Service Medal with "2 bronze service stars" vice "3 bronze service stars" and to add the Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medal in 1968 while serving with B Battery, 2nd Battalion, 11th Artillery Regiment, Vietnam.  The unit records should show he received this award.

3.  The applicant provides his DD Form 214; a Standard Form 180 (Request Pertaining to Military Records), dated 27 October 2012; and a letter from the National Personnel Records Center, dated 6 March 2013.

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 1 February 1966 and held military occupational specialty 94B (Cook).  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 16 May 1967 to 12 May 1968 and served with:

* A Battery, 3rd Battalion, 16th Artillery Regiment from 7 June 1967 to 
22 July 1967
* B Battery, 2nd Battalion, 11th Artillery Regiment from 23 July 1967 to 
10 May 1968

4.  Special Orders (SO) Number 67, issued by Headquarters, 1st Training Brigade, Fort Jackson, SC on 29 March 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  SO Number 25, issued by Headquarters, 3rd Howitzer Battalion, 16th Artillery, Fort Bragg, NC on 13 February 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  His record does not contain official orders awarding him the Bronze Star Medal. 

7.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

8.  He was released from active duty under honorable conditions.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  A bronze service star is authorized to be affixed to the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)

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:

	a.  2nd Battalion, 11th Artillery Regiment was cited for award of the:

* Valorous Unit Award for the period 8 May 1967 to 20 August 1967 in Department of the Army General Orders (DAGO) Number 51, dated 1971
* Meritorious Unit Commendation for the period 15 December 1966 to 31 July 1967 in DAGO Number 43, dated 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 November 1966 to 30 June 1968 in DAGO Number 51, dated 1971

	b.  Headquarters, U.S. Army Vietnam and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 in DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant asserts that the entry on his DD Form 214 showing the Vietnam Service Medal with "3 bronze service stars" is incorrect and should be corrected to show "2 bronze service stars."  However, the evidence of record shows he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars affixed to his previously-awarded Vietnam Service Medal.

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

3.  SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16).  Therefore he is entitled to correction of his DD Form 214 to shows these marksmanship badges.

4.  There insufficient evidence in the available record and he has not provided evidence to show he was awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.  Therefore, in the absence of orders or any other corroborating documents, there is an insufficient evidentiary basis to justify adding the Bronze Star Medal to his DD Form 214.

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 from his DD Form 214 the Vietnam Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar
* adding to his DD Form 214 the:

* Vietnam Service Medal with four bronze service stars
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) 

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 adding the Bronze Star Medal 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)                                         AR20130005068



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ABCMR Record of Proceedings (cont)                                         AR20130005068



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