BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20130014843
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.
2. He states he was awarded and presented the Bronze Star Medal by the Post Commander, Aberdeen Proving Ground, MD, in October 1970. He was awarded the Bronze Star Medal for the period January through June 1970.
3. He provides:
* self-authored statement
* letter from the Chief, Case Management Division, Army Review Boards Agency
* Bronze Star Medal Certificate
* photocopy of Bronze Star Medal
* newspaper article (illegible copy)
* DA Form 20 (Enlisted Qualification Record)
* National Guard Bureau (NGB) Form 23 (Retirement Credits Record)
* medical records
* discharge orders
* request for separation proceedings
* three DD Forms 4 (Enlistment Contract Armed Forces of the United States)
* NGB Form 22 (Report of Separation and Record of Service)
* DD Form 214
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 7 June 1968.
3. Headquarters, U.S. Military Assistance Command-Vietnam, General Orders Number 3471, dated 20 June 1970, awarded him the Bronze Star Medal for meritorious service from January through June 1970.
4. His DA Form 20 shows in:
a. item 31 (Foreign Service), he was credited with Vietnam service from 2 December 1968 to 30 June 1970;
b. item 38 (Record of Assignments), he was assigned to U.S. Military Assistance Command-Vietnam from 9 December 1968 to 28 June 1970.
5. He was released from active duty on 6 June 1971 after completing 3 years of active service.
6. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), three overseas service bars, and Army Good Conduct Medal (1st Award).
7. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
8. Army Regulation 600-8-22 (Military Awards) provides guidance for award of the Vietnam Service Medal. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:
* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970
* Sanctuary Counteroffensive
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded the Bronze Star Medal. Therefore, his DD Form 214 should be corrected to show this award.
2. All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 24 should be corrected to show this unit award.
3. He participated in five campaigns during his service in Vietnam. Therefore, he is authorized one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the appropriate service stars.
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:
a. deleting award of the Vietnam Service Medal from his DD Form 214 and
b. adding the following awards to his DD Form 214:
* Bronze Star Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
__________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) AR20130014843
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ABCMR Record of Proceedings (cont) AR20130014843
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