IN THE CASE OF:
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20130016627
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. The applicant states the Bronze Star Medal was inadvertently left off his DD Form 214.
3. The applicant provides a copy of his Bronze Star Medal orders and 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 was inducted into the Army of the United States on 5 February 1969. He was stationed in the Republic of Vietnam from 21 December 1969 to 21 November 1970, serving with Battery B, 4th Battalion, 60th Artillery Regiment.
3. The applicant provides and his record contains General Orders Number 1248, issued by Headquarters, I Field Force Vietnam Artillery, dated 24 November 1970, which show he was awarded the Bronze Star Medal.
4. On 21 November 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* 2 Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
5. 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 Battery B, 4th Battalion, 60th Artillery Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by Department of the Army General Order Number 54, dated 1974.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:
* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII
DISCUSSION AND CONCLUSIONS:
1. General orders awarded him the Bronze Star Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.
2. Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
3. Records show the applicant participated in three campaigns during his service in the Republic of Vietnam. Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.
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. adding the following awards to his DD Form 214:
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with three bronze service stars
____________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) AR20130016627
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ABCMR Record of Proceedings (cont) AR20130016627
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