IN THE CASE OF:	  

		BOARD DATE:  4 March 2014

		DOCKET NUMBER:  AR20130010704 


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
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states he received correspondence and/or orders entitling him to the requested awards.

3.  The applicant provides Headquarters, U.S. Army Vietnam (USARV), General Orders (GO) Number 4452 awarding him the Bronze Star Medal and correspondence related to the other two unit awards.

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's records show he was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 3 December 1968.  He entered active duty on 10 August 1969.

3.  Headquarters, 2d Chemical Battalion, Fort McClellan, AL, Special Orders Number 75, dated 14 May 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  He served in Vietnam from 12 June 1970 to 9 June 1971.  During this period, he was assigned to:

* Headquarters and Service Battery, 2d Battalion, 40th Artillery Regiment, 199th Infantry Brigade, from 12 June 1970 to 5 October 1970
* 221st Medical Detachment from 6 October 1970 to 13 May 1971
* 6th Convalescent Center from 14 May 1971 to 8 June 1971

5.  Headquarters, USARV, General Orders (GO) Number 4452, dated 19 September 1970, awarded him the Bronze Star Medal for service from 12 June 1970 to 27 September 1970 while assigned to the 2d Battalion, 40th Artillery Regiment.

6.  He was honorably released from active duty in the rank of captain on 12 June 1971.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal

7.  He provides a letter issued by Headquarters, 6th Convalescent Center, dated 9 February 1971, authorizing him award of the Bronze Star Medal, "Vietnamese Armed Forces Honor Medal First Class," and "Civil Actions Medal First Class."

8.  He also provides an endorsement to the above letter issued by Headquarters, USARV, dated 16 February 1971, informing him of his entitlement to the Republic of Vietnam Gallantry Cross with Palm and "Civil Actions Medal First Class"; however, Department of the Army General Orders (DAGO) had not yet been published.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 2d Battalion, 40th Artillery Regiment, in Vietnam from 12 June to 5 October 1970, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 June 1968 to 31 July 1970 based on DAGO 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 12 December 1966 to 31 August 1970, based on DAGO Number 51, dated 1971

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam, participation credit was awarded for the following campaigns.  This same regulation states a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.

* Sanctuary Counteroffensive from 1 May to 30 June 1970
* Vietnam Counteroffensive Phase VII from 1 July 1970 to 30 June 1971

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.  He was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.


BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 the following awards to his DD Form 214:

* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* 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)                                         AR20130010704



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ABCMR Record of Proceedings (cont)                                         AR20130010704



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