IN THE CASE OF:
BOARD DATE: 19 August 2014
DOCKET NUMBER: AR20140000595
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal (BSM) and any other awards he may be entitled to.
2. The applicant states he was told he received the BSM and other awards, but they are not reflected on his DD Form 214.
3. The applicant provides no additional documents with his application.
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 12 March 1970. He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 22 August 1970. He was assigned to the Military Assistance Command Vietnam (MACV) Advisory Team 21.
3. On 24 March 1971, he was granted authorization to accept and wear the Vietnamese Ranger Badge.
4. On 4 October 1971, he was awarded the BSM for meritorious service during the period September 1970 to October 1971.
5. He departed Vietnam on 29 October 1971 and he was honorably released from active duty (REFRAD) on 30 October 1971. He had served 1 year, 7 months, and 19 days of active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, and Vietnam Campaign Medal with Device (1960). His DD Form 214 was subsequently corrected to add the award of the CIB.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicants unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the BSM and the Vietnamese Ranger Badge and is entitled to have those awards added to his DD Form 214.
2. Additionally, the applicants unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit. Accordingly, he is entitled to have this award added to his DD Form 214 at this time.
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 adding the awards of the BSM, Vietnamese Ranger Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.
2. The Board wants the applicant and all others to know 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) AR20140000595
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140000595
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