IN THE CASE OF: 

		BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20130022364 


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 his "Bronze Stars" (interpreted to mean his bronze service stars designating his participation in various campaigns).  

2.  The applicant states he served in the Republic of Vietnam from 1 October 1967 to 13 September 1968.  During this timeframe, 6 campaigns were "conducted for Bronze Stars."  He believes he should be entitled to bronze stars for 5 or 6 of these campaigns.   

3.  The applicant provides his DD Form 214 and Special Orders Number 175, issued by the U.S. Army Signal Center and School, Fort Monmouth, NJ on        24 August 1967, which reassigned him to the Republic of Vietnam.

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 into the Army of the United States on                  14 November 1966.  His records show he held military occupational specialty 26L (Microwave Radio Repairman).   

3.  He served in Vietnam from 1 October 1967 to 12 September 1968.  During this period, he was assigned to Long Lines Battalion South, U.S. Army Strategic Command. 

4.  On 13 September 1968, he was honorably released from active duty in the rank/grade of specialist four/E-4.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960), shown as the "Vietnam Campaign Medal"
* Army Good Conduct Medal, shown as the "Good Conduct Medal"
* 2 overseas service bars

5.  Army Regulation 600-8-22 (Military Awards) provides for various awards and decorations: 

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star designates five bronze service stars. 

* Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968
* TET Counteroffensive, 30 January 1968—1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968
* Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968

6.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the U.S. Army Strategic Command, Long Lines Battalion South in Vietnam, this unit was cited for award of the Meritorious Unit Commendation for service from 1 April 1967 to 31 March 1968 by DA General Orders (DAGO) Number 54, dated 1972. 

7.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to the following units:

* Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

DISCUSSION AND CONCLUSIONS:

1.  The Bronze Star Medal and bronze service stars are not the same.  The Bronze Star Medal is a personal decoration that is awarded to military personnel for service, achievement, or heroism, and is announced in orders.  Service stars, on the other hand, are devices worn on campaign and service medals to denote participation in a named campaign (for example, the Vietnam Service Medal) and on the service ribbons to denote an additional award (for example, the National Defense Service Medal).  

2.  The applicant served in Vietnam from 1 October 1967 to 12 September 1968. During this period of service, he participated in four campaigns.  He was awarded the Vietnam Service Medal and he participated in four campaigns while serving 
in Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  General orders awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.








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: 

* deleting from his DD Form 214 the Vietnam Service Medal and adding the following awards to his DD Form 214 the –

* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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 awarding him additional bronze service stars in excess of the 4 awarded in this Record of Proceedings. 


      _______ _   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)                                         AR20130022364



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ABCMR Record of Proceedings (cont)                                         AR20130022364



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