IN THE CASE OF:	  

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130020849 


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 that his award of the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that his BSM was not added to his DD Form 214.

3.  The applicant provides a copy of his BSM Certificate.

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 on 14 February 1968.  He completed basic training and advanced individual training as a light weapons infantryman.
3.  On 25 September 1968, he was transferred to Vietnam and he was assigned to Company B, 1st Battalion, 50th Infantry Regiment, 173rd Airborne Brigade on 4 October 1968.  

4.  He participated in four campaigns and departed Vietnam on 17 September 1969 and he was honorably released from active duty.  He had served 1 year, 7 months and 4 days of active service and his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Army Commendation Medal and Air Medal.

5.  A review of his official records failed to reveal orders awarding him the BSM; however, his records contain a DA Form 137 (Installation Clearance Record) dated 10 September 1969 showing that when he cleared his unit in Vietnam it indicated that he had been awarded the BSM and ARCOM but they had not been presented.  His records also show that he had “excellent” conduct and efficiency ratings throughout his service and is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.

6.  The BSM certificate provided by the applicant with his application shows that he was awarded the BSM on 18 August 1969 for meritorious service during the period September 1968 to September 1969.

7.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.

9.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal, including the Vietnam Service Medal.
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 applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Gallantry Cross with Silver Star Unit Citation during the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders contained in his official records showing that he was awarded the BSM, he has provided a copy of the BSM Certificate and his records contain a document indicating that the BSM had been awarded but not presented just prior to his departure from Vietnam.  Accordingly, he should be granted any benefit of doubt and the BSM should be added to his DD Form 214. 

2.  The applicant met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 14 February 1968 to 17 September 1969.  Accordingly, it should be awarded at this time and added to his DD Form 214.

3.  The applicant participated in four campaigns in Vietnam and is authorized four bronze service stars to be worn with his already-awarded Vietnam Service Medal.  Therefore, these service stars should be added to his DD Form 214.

4.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Gallantry Cross with Silver Star Unit Citation during the period he served with the unit; therefore, he is entitled to have these unit awards added to his DD Form 214.

BOARD VOTE:

____x___  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the VSM from his DD Form 214
* Awarding him the Army Good Conduct Medal (1st Award) for the period 14 February 1968 to 17 September 1969
* Adding the Vietnam Service Medal with four bronze service stars, Army Good Conduct Medal (1st Award), BSM, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Gallantry Cross with Silver Star Unit Citation to  his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20130020849



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130020849



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1