IN THE CASE OF:
BOARD DATE: 12 June 2014
DOCKET NUMBER: AR20130018806
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 award was not entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides copies of:
* DD Form 214 (Copy 4)
* General Orders Number 201478 issued by Headquarters, 1st Cavalry Division, dated 3 May 1967
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. On 15 November 1965, the applicant was inducted into the Army of the United States. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. In April 1966, the applicant departed Fort Polk, LA for duty in the Republic of Vietnam (RVN). He was subsequently assigned to 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division, in the RVN.
4. On 30 April 1967, the applicant departed the RVN enroute to his next assignment at Fort Benning, GA.
5. General Orders Number 2014, dated 3 May 1967, as in his service record and provided by the applicant, awarded him the Bronze Star Medal for meritorious service from May 1966 through April 1967.
6. General Orders Number 78 issued by Headquarters, 197th Infantry Brigade, dated 25 October 1967, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 15 November 1965 to 14 November 1967.
7. On 14 November 1967, the applicant was honorably released from active duty.
8. The applicant's DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* RVN Campaign Medal with Device (1960)
* 2 Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Air Medal
* 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar
9. Army Regulation 600-8-22 (Military Awards) states:
a. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.
b. Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
10. 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 the 2nd Battalion, 7th Cavalry Regiment, was cited for award of the Presidential Unit Citation (PUC) for the period August 1966 through 4 April 1967 by Department of the Army General Order (DAGO) Number 2, dated 1973.
11. Paragraph 6d states DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.
2. General orders awarded the applicant the Bronze Star Medal for meritorious service and the Army Good Conduct Medal (1st Award) during his active duty service. Therefore, his DD Form 214 should be corrected to show these awards.
3. The applicant's unit was also was cited in general orders for award of the PUC. Therefore, his DD Form 214 should be corrected to show this unit award.
4. The available evidence shows the applicant participated in two campaigns during his service in the RVN. Therefore, he is entitled to two bronze service stars for wear on his already-awarded awarded Vietnam Service Medal.
5. All units in the RVN were cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected to show this unit award.
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 from his DD Form 214 the Vietnam Service Medal with one bronze service star and
b. adding to his DD Form 214 the:
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Presidential Unit Citation
* Vietnam Service Medal with two bronze service stars
* 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) AR20130018806
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ABCMR Record of Proceedings (cont) AR20130018806
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