IN THE CASE OF:  	  

		BOARD DATE:  17 December 2014	  

		DOCKET NUMBER:  AR20140005918 


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 add the Bronze Star Medal and all other individual or unit awards to which he is entitled.

2.  The applicant states, in effect, his DD Form 214 does not include all the awards and decorations to which he is entitled.  

3.  The applicant provides:  

* a letter, dated 26 March 2014
* a citation for award of the Bronze Star Medal
* a certificate for award of the Bronze Star Medal
* his DD Form 214
* Letter Orders Number 02-1073629, dated 27 February 1974
* his Honorable Discharge 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 into the Army of the United States on 7 March 1968.  He held military occupational specialty 76Y (Armorer) and attained the rank/grade of sergeant (SGT)/E-5.

3.  Headquarters, 1st Training Brigade Special Order (SO) Number 68, issued on 22 April 1968, shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His DA Form 20 (Enlisted Qualification Record) shows in items 31 (Foreign Service) and 38 (Record of Assignments) that he was assigned to Vietnam from 
9 March 1969 to 25 February 1970 and he served with:

* Headquarters and Headquarters Battery (HHB), 6th Battalion, 84th Artillery Regiment from 18 March 1969 to 8 August 1969
* HHB, 1st Field Force Vietnam (I FFORCEV) Artillery from 9 August 1969 to 22 February 1970

5.  There is no evidence of record in the following three primary sources that shows he was awarded the Bronze Star Medal:

* Item 41 of his DA Form 20 does not list the Bronze Star Medal among his awards
* his record does not contain official orders awarding him the Bronze Star Medal
* A review of the Awards and Decorations Computer Assisted Retrieval System, which is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal orders that awarded him the Bronze Star Medal

6.  He was honorably released from active duty on 25 February 1970.  His 
DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Campaign Medal
* Vietnam Service Medal
* 2 overseas service bars
* Army Good Conduct Medal (1st Award)

7.  He provides a citation and certificate that show the Bronze Star Medal was awarded for the period 14 March 1969 to 14 February 1970.  The citation states the award was for service and the certificate stated it was for achievement.  

8.  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.

9.  Army Regulation 600-8-22 paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* TET 69 Counteroffensive (23 February 1969 – 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969)
* Vietnam Winter- Spring 1970 (1 November 1979 – 30 April 1970

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:

	a.  Headquarters, U.S. Army Vietnam and its subordinate units was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by DAGO Number 8, dated 1974.

	b.  I FFORCEV was cited for award of the Meritorious Unit Commendation for the period 1 November 1968 to 30 June 1970, by DAGO Number 31, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence in the available record and the citation and certificate he provided are insufficient to confirm he was awarded the Bronze Star Medal.  
2.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.  In the absence of orders, there is an insufficient evidentiary basis for granting the requested relief, with regard to the Bronze Star Medal, at this time.

3.  The evidence of record shows he participated in three campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

4.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to add this badge.

5.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 DD Form 214 the Vietnam Service Medal; and 

	b.  adding to his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
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 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)                                         AR20140005918





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ABCMR Record of Proceedings (cont)                                         AR20140005918



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