IN THE CASE OF:
BOARD DATE: 5 May 2015
DOCKET NUMBER: AR20140013140
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) by showing award of the Bronze Star Medal (BSM) and the Vietnamese Armed Forces Honor Medal.
2. He states these awards are not listed on his DD Form 214.
3. He provides his BSM orders and foreign award authorization memorandum.
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. On 26 January 1969, he entered active duty as a second lieutenant in the U.S. Army Reserve.
3. The applicant served in the Republic of Vietnam (RVN) for eleven months and he was assigned to Advisory Team 43, Third Regional Assistance Command, Military Assistance Command, Vietnam (MACV), from 15 February 1971 to
12 December 1971.
4. His record shows his service in the RVN coincided with three campaigns.
5. On 30 December 1971, Headquarters, MACV, issued General Orders Number 5299, which awarded him the BSM for meritorious service in the RVN from February 1971 to December 1971.
6. A memorandum, dated 6 November 1971, issued by the RVN Army, Third Corps and Military Region 3, awarded the applicant the Vietnamese Honor Medal First Class for the period 9 December 1970 to 29 December 1971.
7. He was released from active duty on 12 January 1972 and his DD Form 214 shows he was awarded or authorized:
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Overseas Service Bar (2)
8. Army Regulation 600-8-22 states:
a. a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM; and
b. in Appendix E (Foreign Decorations) the Vietnamese Armed Forces Honor Medal is approved for acceptance and wear.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Advisory Team 43, MACV, was cited for the award of the:
a. Meritorious Unit Commendation (MUC) for the period 15 April 1970 to
15 April 1972 based on Department of the Army General Orders (DAGO) Number 11, dated 1973; and
b. RVN Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. General Orders awarded him the BSM for meritorious service in the RVN.
2. He was assigned to a unit in Vietnam during a period for which the unit was cited for award of the MUC and RVN Gallantry Cross with Palm Unit Citation.
3. He was awarded the Vietnamese Armed Forces Honor Medal and this foreign decoration is approved for acceptance and wear by U.S. military personnel.
4. It would be appropriate to add these awards and decorations to his DD Form 214.
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 adding the following awards to his DD Form 214:
* BSM
* MUC
* RVN Gallantry Cross with Palm Unit Citation
* Vietnamese Armed Forces Honor Medal First Class
___________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) AR20140013140
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140013140
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