IN THE CASE OF:
BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130009119
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 award of the Bronze Star Medal (BSM) and any other awards to which he may be entitled.
2. The applicant states he was awarded the BSM; however, it was not included on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and orders awarding him the BSM.
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 5 July 1967 for a period of 3 years and training as a clerk. He completed basic training at Fort Lewis, Washington, and advanced individual training as a clerk at Fort Ord, California, before being transferred to Vietnam on 6 February 1968.
3. He was assigned to Headquarters and Headquarters Company, 2d Battalion, 8th Cavalry Regiment, 1st Cavalry Division, for duty as a clerk.
4. On 11 July 1968, his military occupational specialty (MOS) as a clerk was withdrawn and he was awarded the MOS and duties of heavy vehicle driver. He was promoted to pay grade E-5 on 18 December 1968.
5. Headquarters, 1st Cavalry Division, General Orders Number 210, dated 5 January 1969, awarded the applicant the BSM for meritorious service during the period February 1968 to February 1969.
6. He departed Vietnam on 4 February 1969 for assignment to Fort Hood, Texas.
7. Headquarters, 2d Armored Division, General Orders Number 966, dated 18 June 1970, awarded the applicant the Army Good Conduct Medal (AGCM) (1st Award).
8. On 2 July 1970, he was honorably released from active duty due to the expiration of his term of service. He completed 2 years, 11 months, and 28 days of active service. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal with four bronze service stars, and Republic of Vietnam Campaign Medal with Device (1960).
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the BSM in duly-authenticated orders and is entitled to have that award added to his DD Form 214.
2. He was also awarded the AGCM (1st Award) and is entitled to have that award added to his DD Form 214.
3. Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit. Therefore, he is entitled to have those unit awards added to his DD Form 214.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the BSM, AGCM (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_____________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) AR20130009119
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ABCMR Record of Proceedings (cont) AR20130009119
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