IN THE CASE OF:
BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130016757
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 (Report of Separation from Active Duty) to show award of two Bronze Star Medals.
2. The applicant states he was awarded the Bronze Star Medal for the periods 1 December 1969 to 30 September 1970 and 1 July 1970 to 30 November 1970.
3. The applicant provides copies of orders for both Bronze Star Medals and his DD Form 214 for the period ending 14 January 1974.
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 15 January 1968. He completed training and was awarded military occupational specialty 52B (power generation and equipment operator/mechanic).
3. The applicant's available records are incomplete. His records do not contain a DA Form 20 (Enlisted Qualification Record).
4. His records contain:
a. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 12174, dated 1 October 1970, awarding him the Bronze Star Medal for the period 1 December 1969 to 30 September 1970 while assigned to Company A, 5th Transportation (Aircraft Maintenance), 101st Airborne Division;
b. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 2965, dated 10 April 1971, awarding him the Bronze Star Medal for the period June 1970 to April 1971 while assigned to Company A, 5th Transportation (Aircraft Maintenance), 101st Airborne Division; and
5. His records contain two DD Forms 214, for the periods 15 January 1968 through 13 April 1970 and 14 April 1970 through 14 January 1974.
6. His DD Form 214 for the period ending 14 January 1974 shows:
* he served in Vietnam from 26 November 1969 to 25 June 1971
* he was awarded or authorized the
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Safe Driver Badge
* Republic of Vietnam Campaign (RVN) Medal with Device (1960)
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Army Commendation Medal with 1st Oak Leaf Cluster
* Driver and Mechanic Badge with Mechanic Bar
7. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 5th Transportation Battalion was awarded the:
* Meritorious Unit Commendation for the period 1 June 1969 to 30 September 1970 by Department of the Army General Orders (DAGO) Number 24, dated 1972
* RVN Gallantry Cross with Palm Unit Citation for the period 18 April to 13 August 1971 by DAGO Number 6, dated 1974
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 July 1968 to 2 May 1970 by DAGO Number 48, dated 1971
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was awarded two Bronze Star Medals.
2. Orders show his Vietnam unit was awarded the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.
3. It would be appropriate to correct his DD Form 214 for the period ending 14 January 1974 to show these awards.
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 for the period ending 14 January 1974:
* Bronze Star Medal (2nd Award)
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class 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) AR20130016757
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130016757
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