IN THE CASE OF:
BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20140018207
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 show his award of the Bronze Star Medal.
2. The applicant states he believes it was just an oversight when the DD Form 214 was being typed because he received the award in Vietnam. He immediately returned state-side and was discharged from the U.S. Army. The error was discovered when he was setting up a trust account and he had to furnish a DD Form 214 at the time. He believes the evidence demonstrates that a favorable decision is warranted.
3. The applicant provides copies of the following:
* Transmittal of Award memorandum
* letter to the Commanding Officer, Headquarters, Special Troops, U.S. Army Vietnam
* Special Orders (SO) Number 329
* Missing Health & Dental Records: DD Form 722 (Health Record) and 722-1 (Health Record-Dental) memorandum
* 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant was inducted into the Army of the United States on 19 February 1969. He was awarded military occupational specialty 71L (administrative specialist).
3. He served in Vietnam from 2 January through 24 November 1970, during three campaigns. He was assigned to the:
* General Staff Company, U.S. Army Vietnam (USARV), from 5 January through 12 November 1970
* Special Staff Company, USARV, from 13 through 21 November 1970
4. General Orders (GO) Number 5132, issued by Headquarters, USARV, on 23 November 1970, awarded him the Bronze Star Medal for meritorious service in Vietnam from January through November 1970.
5. He was honorably released from active duty in pay grade E-5 on 25 November 1970 and was transferred to the U.S. Army Reserve Control Group. He was credited with completing 1 year, 8 months, and 27 days of total active service with 9 days of time lost. He was also credited with completing 10 months and 22 day of foreign service. His DD Form 214 lists the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* one overseas service bar
6. Army Regulation 600-8-22 (Military Award) states bronze stars are authorized for wear on the Vietnam Service Medal to denote campaign participation.
7. Department of the Army GO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm for service in Vietnam to Headquarters, USARV and its subordinate units during the period 20 July 1965 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Bronze Star Medal for meritorious service in Vietnam from January through November 1970. Therefore, it would be appropriate to correct his DD Form 214 to show this award.
2. He served in Vietnam during three campaigns; therefore, he is entitled to award of three bronze service stars to be added to his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.
3. GO awarded Headquarters, USARV and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. Therefore, his DD Form 214 should be corrected to show this unit award.
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:
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to this DD Form 214 the:
* Bronze Star Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
____________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) AR20140018207
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018207
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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