IN THE CASE OF:  	  

		BOARD DATE:  28 July 2015	  

		DOCKET NUMBER:  AR20140018263 


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 the Bronze Star Medal (BSM). 

2.  The applicant states he was awarded the BSM but it is not reflected on his   DD Form 214. 

3.  The applicant provides:

* BSM Certificate
* BSM 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 appointed as a Reserve Commissioned Officer on              27 May 1967.  He was ordered to active duty on 27 December 1970.

3.  His DA Form 66 (Officer Qualification Record) contains the following pertinent information:

	a.  Item 17 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam (RVN) beginning on 28 December 1969.

	b.  Item 18 (Record of Assignments) shows that during the period                 10 January 1970 to 17 December 1970 he served with 1st Battalion, 32nd Medical Depot in the RVN. 
  
	c.  Item 21 (Awards and Decorations):

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Overseas Service Bars (OSB) (2)

4.  A DA Form 67-6 (U.S. Army officer Efficiency Report) for the period              20 April 1970 to 17 December 1970 shows in:

     a.  Part IV (Personal Qualities), his rater marked the box for "TOP."

     b.  Part VI (Performance of  Duty Factors), his rater marked the box for "TOP."

     c.  Part VII (Demonstrated  Performance of Present Duty), his rater marked the box for "Performance of this duty equaled by very few officers."

5.  He was honorably relieved from active duty on 27 December 1970 and reverted to the U.S. Army Reserve.  He completed 1 year, 11 months, and 
18 days of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was authorized the following:

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* OSB (2)

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders pertaining to the applicant.

8.  His record is void of orders awarding him the BSM.

9.  He provides a BSM Certificate dated 1 December 1970 which cited him for meritorious achievement in ground operations against hostile forces in the RVN during the period December 1969 to December 1970, a period that coincides with his total service in the RVN.

10.  He also provides a BSM Citation which cited him for outstanding meritorious service in connection with military operations against a hostile force in the RVN during the period December 1969 to December 1970.  This period also coincides with his total service in the RVN.

11.  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.

12.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed the military awards program in Vietnam during the Vietnam War.  It stated the BSM may be awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  

13.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

14.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign listed in appendix B.  His service in Vietnam coincided with three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971)

15.  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 the 32nd Medical Depot was cited for the Meritorious Unit Citation (MUC) for the period 1 May 1969 to 30 April 1970 by Department of the Army General Order (DAGO) 5, dated 1973.

16.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Bronze Star Medal was carefully considered and determined to have merit.

2.  The applicant submitted a BSM Certificate and Citation as evidence.  The period of service identified on the certificate and citation coincides with his period of service in the RVN ending in December 1970 when he returned to the U.S. after completing his tour.  Given his performance rating and the nature of his departure, it is not unreasonable to conclude he received the BSM for his service RVN.

3.  The absence of BSM orders in this case does not preclude the Board from granting his request for correction of his records to show the Bronze Star Medal as an exception to policy.

4.  He participated in three campaigns during his service in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his previously-awarded Vietnam Service Medal.

5.  He served in Vietnam during a period for which all U.S. Army units were awarded the RVN Gallantry Cross with Palm Unit Citation.  He also served with the 32nd Medical Depot Company during a period for which the unit was awarded the MUC.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.



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 from his DD Form 214 the VSM; and 

	b.  adding to his DD Form 214 the:

* BSM
* VSM with three bronze service stars
* MUC
* RVN 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)                                         AR20140018263





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ABCMR Record of Proceedings (cont)                                         AR20140018263



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