BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140011850 


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 inclusion of his award of the Bronze Star Medal on his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states that the Bronze Star Medal should have been included on his DD Form 214 when it was issued.

3.  The applicant provides copies of the certificate and orders for the Bronze Star Medal and his DD Form 214.

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.  With prior Regular Army enlisted service, the applicant was commissioned in U.S. Army Reserve (USAR) on 6 November 1968.
3.  His records contain orders for the – 

* Marksman Marksmanship Qualification Badge with Machinegun Bar, 6 April 1968
* Marksman Marksmanship Qualification Badge with Rifle Bar (with the M-14A1 rifle), 11 April 1968
* Marksman Marksmanship Qualification Badge with Rifle Bar (with the M-14 rifle), 25 June 1968
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar, 17 January 1969
* Expert Qualification Badge with Rifle Bar (with the M-16 rifle), 5 August 1969
* Combat Infantryman Badge, 31 January 1970 
* Silver Star, 22 April 1970
* Air Medal, 19 June 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, 10 August 1970
* Bronze Star Medal, 29 June 1971 (for the period October 1969 through August 1971)

4.  The available records do not include a copy of his Officer Record Brief.

5.  His Officer Evaluation Report (OER) shows duty assignments with –

* Company B, 1st Battalion, 27th Infantry Regiment, 28 March 1969 – 7 January 1970
* Company F (Rangers), 75th Infantry Battalion, 8 January 1970 – 3 June 1970
* Headquarters and Headquarters Company, Special Troops – Vietnam 11 September 1970 – 23 June 1971

6.  The applicant was released from active duty on 22 August 1971.  His DD Form 214 provides the following –

* 1 year, 11 months, and 1 day of foreign service
* award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Parachute Badge, Combat Infantryman Badge, Silver Star, Air Medal, and the Purple Heart
* at block 30 (Remarks) service in Vietnam from 12 September 1969 – 12 August 1971


7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to Company B, 1st Battalion, 27th Infantry Regiment and Company F, 75th Infantry Battalion; they were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

8.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following six campaign periods:  the 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 1969 - 30 April 1970; DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; Counteroffensive Phase VII, 1 July 1970 - 30 June 1971; and the Consolidation I, 1 July 1971 - 30 November 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's award of the Bronze Star Medal, Expert Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Machinegun Bar were omitted from his DD Form 214.  It would be appropriate to correct these omissions by adding them to his DD Form 214. 

2.  The applicant's exact dates of service in Vietnam are not clearly documented; however, by combining the dates on his OER's and his Bronze Star Medal citation it appears the he served in Vietnam from 28 March 1969 through 12 August 1971.  This period covers during six campaign periods and he is authorized to wear one silver service star and one bronze service star on his Vietnam Service Medal.  It would be appropriate to correct the DD Form 214 to show these appurtenances.

3.  In addition to the awards listed on the DD Form 214 the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
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:

	a.  deleting the Vietnam Service Medal from the DD Form 214; and

	b.  showing that, in addition to the awards shown on the applicant's DD Form 214, the applicant is also authorized the 

* Bronze Star Medal
* Vietnam Service Medal with one silver service and one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machinegun Bar



      _______ _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)                                         AR20140011850



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ABCMR Record of Proceedings (cont)                                         AR20140011850



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