IN THE CASE OF
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130021773
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 (BSM).
2. The applicant states his BSM is not on his DD Form 214.
3. The applicant provides his DD Form 214 and BSM certificate with citation.
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. He was inducted into the Army of the United States on 11 September 1969 and he held military occupational specialty 13B (Field Artillery Crewman).
3. His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) he was assigned to Battery B, 2nd Battalion (Airmobile), 320th Artillery, Vietnam, from 16 February 1970 to 4 March 1970; and Headquarters and Headquarters Battery, 2nd Battalion (Airmobile), 320th Artillery, Vietnam, from 5 March 1970 to 13 December 1970.
4. A 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 U.S. Army Human Resources Command, revealed General Orders Number 13346, issued by Headquarters, 101st Airborne Division (Airmobile), dated 7 November 1970, awarding him the BSM for the period 1 February to 31 October 1970.
5. On 10 June 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows the:
* Army Good Conduct Medal
* National Defense Service Medal
* Army Commendation Medal with "V" Device
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge (M-16 Rifle)
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 320th Artillery in Vietnam was awarded the:
* RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 based on DAGO Number 48, dated 1971
7. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. The available evidence shows that during his service in the RVN he participated in the Vietnam Winter-Spring, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive, Phase VII Campaigns.
DISCUSSION AND CONCLUSIONS:
1. Orders awarded the applicant the BSM.
2. His unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.
3. He participated in three campaigns during his service in the RVN that authorizes him to wear three bronze service stars on his Vietnam Service Medal. Therefore, his DD Form 214 should be corrected to show these three bronze service stars.
4. In view of the above, his request should be granted to add these additional awards.
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:
* deleting the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214
* Bronze Star Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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) AR20130021773
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ABCMR Record of Proceedings (cont) AR20130021773
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