IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130011824
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 the Bronze Star Medal (BSM) be added to his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 March 1973.
2. The applicant states the BSM should be added to this DD Form 214.
3. The applicant provides a citation for 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 20 November 1967 and remained on active duty through continuous reenlistments. He arrived in Vietnam on 29 May 1970. He served as a wireman assigned to Company B, 523rd Signal Battalion in Vietnam from 10 to 14 June 1970. He was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 20th Infantry of the 23rd Infantry Division in Vietnam from 15 June 1970 to 25 April 1971.
3. Orders, dated 19 April 1971, show he received the BSM.
4. On 20 March 1973, he was honorably released from active duty.
5. His DD Form 214 for the period ending 20 March 1973 shows he was awarded or authorized the:
* National Defense Service Medal
* Army Good Conduct Medal
* Army Commendation Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
6. Records show he participated in two campaigns while assigned to Vietnam.
7. 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. The 523rd Signal Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March to 30 June 1970 in Department of the Army General Orders (DAGO) 42, dated 1972.
b. The 1st Battalion, 20th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March to
30 June 1970 in DAGO 42, dated 1972.
c. HHC, 20th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April to 30 June 1971 in DAGO 6, dated 1974.
8. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.
9. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was awarded the BSM. Therefore, his DD Form 214 for the period ending 20 March 1973 should be corrected to show this award.
2. He participated in two campaigns during his assignment in Vietnam which entitles him to the VSM with two bronze service stars. His DD Form 214 for the period ending 20 March 1973 should be corrected to show these service stars.
3. His units in Vietnam were cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned there. Although he is entitled to wear only one of these awards, his DD Form 214 for the period ending 20 March 1973 should be corrected to show three unit awards.
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 BSM, Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award), and two bronze service stars for wear on his already-awarded VSM to his DD Form 214 for the period ending 20 March 1973.
_____________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) AR20130011824
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ABCMR Record of Proceedings (cont) AR20130011824
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