BOARD DATE:	  1 July 2014

		DOCKET NUMBER:  AR20130019744 


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 include the Bronze Star Medal and the Army Commendation Medal. 

2.  The applicant states his DD Form 214 does not include these awards and their inclusion will assist in his service-connected disability evaluation.

3.  The applicant provides no additional supporting documentation.

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 had two periods of Regular Army service, from 2 April 1971 through 30 March 1973 and then 5 April 1977 through 3 April 1981.

3.  His 30 March 1973 DD Form 214 shows he served in Vietnam from 21 August 1971 through 7 March 1972.  It lists his awards as the -

* National Defense Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with one bronze service star
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Pistol Bar.

4.  His 3 April 1981 DD Form 214 lists his awards as the -

* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Good Conduct Medal

5.  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 Bronze Star Medal.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states that all awards and decorations for all periods of service are to be listed in the priority sequence.  Do not use abbreviations.

7.  Army Regulation 600-8-22 (Military Awards) states:

   a.  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:  Consolidation I, 1 July 1971 - 30 November 1971 and Consolidation II, 1 December 1971 - 29 March 1972.
   
   b.  Formal recommendation and approval through the chain of command is required for all decorations.  
   
   c.  An award of a marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which a previous award was made, has not attained the same qualification.  In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.  If the bar, which is revoked automatically, is the only one authorized to be worn on the respective basic qualification badge, the award of the badge likewise is revoked automatically.  An award once revoked will not be reinstated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided and the record contains no evidence that he was considered for or awarded the Bronze Star Medal.  Without verification of this award it is not appropriate to include it on the DD Form 214.

2.  The applicant's Army Commendation Medal and Combat Infantryman Badge were omitted from his second DD Form 214.  It is appropriate to correct his 3 April 1981 DD Form 214 to include these additional awards.

3.  The applicant served in Vietnam during two campaign periods and is entitled to two bronze service stars for wear on his already awarded Vietnam Service Medal.  His DD Forms 214 do not show the appropriate accouterments.  It is appropriate to correct the record and show, on both DD Forms 214, this award as the Vietnam Service Medal with two bronze service stars.

4.  Without additional records it cannot be determined when the applicant qualified or requalified, at different proficiency levels, for his different marksmanship badges.  Therefore, inclusion of all of the marksmanship badges on his first DD Form 214 is warranted and no correction of the proficiency levels is warranted on the second DD Form 214.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ____x____  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 30 March 1973 DD Form 214 the Vietnam Service Medal with one bronze service star; 

	b.  adding to his 30 March 1973 DD Form 214 the Vietnam Service Medal with two bronze service stars

	c.  deleting from his 3 April 1981 DD Form 214 the Vietnam Service Medal; and 

d.  adding to his 3 April 1981 DD Form 214 the - 

* Army Commendation Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Bronze Star Medal.



      ________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)                                         AR20130019744





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ABCMR Record of Proceedings (cont)                                         AR20130019744



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