IN THE CASE OF: 

		BOARD DATE:	    1 May 2014

		DOCKET NUMBER:  AR20130014821 


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 records to show his award of the Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medal but does not know why it is not on his DD Form 214 (Report of Transfer or Discharge).

3.  The applicant provides copies of his DD Form 214 and orders and citation for 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 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 served on active duty as a Reserve commissioned officer from 2 October 1969 through 27 July 1971.  This period of active duty included service in Vietnam from 25 September 1970 to 21 July 1971 with Service Battery, 1st Battalion, 92nd Artillery Regiment.

3.  His records contain the following award orders -

* U.S. Army Field Artillery School Brigade Special Orders 3, dated 6 January 1970, for award of the Marksman Marksmanship Qualification Badge with Rifle Bar 
* 3rd Infantry Division Special Orders Number 58, dated 8 July 1970, for award of the Expert Marksmanship Qualification Badge with Pistol Bar 
* Headquarters, U.S. Army Forces, Military Region Two General Orders Number 315, dated 20 July 1971, for award of the Bronze Star Medal (First Oak Leaf Cluster)

4.  The applicant's DA Form 66 (Officer Qualification Record) lists his awards as the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (Pending).

5.  His 27 July 1971 DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Army Commendation Medal.

6.  His DA Form 2-1 (Personnel Qualification Record) covering a subsequent period of Reserve service lists his awards for his first period of active duty as National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), and Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars.  It also shows award of a Bronze Star Medal but does not indicate the date of the award. 

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any awards.




8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 1st Battalion, 92nd Artillery Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following two campaign periods:  the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971; and the Consolidation I, 1 July 1971 - 30 November 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal (First Oak Leaf Cluster), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars.  These awards were omitted from his 27 July 1971 DD Form 214.

2.  The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal.

3.  Based on the above facts and findings it is appropriate to correct the 27 July 1971 DD Form 214 to show his awards also include the Bronze Star Medal (First Oak Leaf Cluster), Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars.

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:

	a.  deleting the Vietnam Service Medal from his DD Form 214; and

	b.  showing that, in addition to the awards shown on the DD Form 214, the applicant's awards include the Bronze Star Medal (First Oak Leaf Cluster), Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars.



      _______ _  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)                                         AR20130014821





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130014821



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1