IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130006164
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.
2. The applicant states the Bronze Star Medal was awarded at the end of his Vietnam tour but upon his release from active duty. The award was not listed on his DD Form 214.
3. The applicant provides his DD Form 214 and a citation and a certificate showing award of 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show he enlisted in the U.S. Army Reserve and entered active duty on 9 September 1968. He was honorably discharged on 10 August 1969 to accept a commission.
3. He was appointed as a Reserve commissioned officer of the Army, Army Nurse Corps, with concurrent call to active duty on 11 August 1969. He served in Vietnam from 4 July 1970 to 2 July 1971. His Officer Evaluation Reports show he was assigned to:
* 629th Medical Detachment, from 18 August 1970 to 19 December 1970
* 3rd Filed Hospital, 20 December 1970 to 14 June 1971
4. General Orders (GO) Number 1896, issued by Headquarters, U.S. Army Vietnam on 2 June 1971, awarded him the Bronze Star Medal for service in Vietnam from July 1970 to July 1971.
5. He was honorably released from active duty on 7 July 1971. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with 1960 Device, and two overseas service bars.
6. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows:
a. During his service with the 629th Medical Detachment, Vietnam, this unit was cited for award of the Meritorious Unit Commendation, for service from 1 July 1969 to 31 August 1971, based on DAGO Number 5, dated 1973.
b. During his service with the 3rd Surgical Hospital in Vietnam, this unit was cited for award of the Meritorious Unit Commendation, for service from 1 July 1970 to 29 February 1972, based on DAGO Number 13, dated 1974.
c. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to Headquarters, United States Military Assistance Command and its subordinate units (8 February 1962 to 28 March 1973) and Headquarters, United States Army Vietnam and its subordinate units (20 July 1965 to 28 March 1973).
7. Appendix B of Army Regulation 600-8-22 shows during his service in Vietnam participation credit was awarded for the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) and Consolidation I (1 July 1971 to 30 November 1971). This same regulation states a bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Bronze Star Medal which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. GO awarded his units in Vietnam two awards of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
3. He was awarded the Vietnam Service Medal. Additionally, he participated in two campaigns while serving in Vietnam; therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
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 Bronze Star Medal, Meritorious Unit Commendation (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
_______ _ _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) AR20130006164
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ABCMR Record of Proceedings (cont) AR20130006164
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