IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140014800
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 award of the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he was awarded the BSM at Fort Benning, Georgia after his return from Vietnam; however, it was never added to his DD Form 214.
3. The applicant provides copies of his BSM Certificate and Citation.
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 7 August 1969. He completed his basic training and his advanced individual training as a field artillery crewman before being transferred to Vietnam on 7 January 1970 for assignment to the 3rd Battalion, 82nd Artillery Regiment.
3. He departed Vietnam on 27 November 1970 for assignment to Fort Benning, Georgia and on 24 December 1970, General Orders Number 16500 issued by Headquarters, 23rd Infantry Division awarded the applicant the BSM.
4. On 6 August 1971, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 2 years of active service and was awarded the National Defense Service Medal, Army Commendation Medal, Good Conduct Medal, Vietnam Service Medal with two bronze service stars, and the Vietnam Campaign Medal.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows that the applicants unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the BSM and is entitled to have that award added to his DD Form 214.
2. Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit and he is entitled to have that award added to his DD Form 214 as well.
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 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 that 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) AR20140014800
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140014800
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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