IN THE CASE OF:
BOARD DATE: 19 May 2015
DOCKET NUMBER: AR20140018360
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 award of the Bronze Star Medal (BSM).
2. The applicant states:
* he was discharged in 1972
* he received the BSM in 1999 and it is not noted on his DD Form 214
* at the time he did not think anything about it because he did not consider himself to be a hero
* he has been told that it should be noted on his DD Form 214
3. The applicant provides orders and a DA Form 1577 (Authorization for Issuance of Awards).
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 enlisted in the Regular Army on 27 February 1970. He completed training and was awarded military occupational specialty 76P (Material Control and Accounting Specialist).
3. His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:
a. Item 31 (Foreign Service) shows he served a tour of duty in the RVN beginning on 26 September 1971.
b. Item 38 (Record of Assignments) shows that during the period 29 September 1971 to 4 March 1972 he served with Company A, 169th Engineer Battalion in the RVN.
c. Item 41 (Awards and Decorations) shows the following:
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
4. General Orders Number 2264-163, issued by Headquarters, U.S. Army Vietnam, dated 29 June 1971 show he was awarded the BSM for meritorious service in connection with military operations against a hostile force.
5. On 12 March 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). The DD Form 214 issued at that time shows he was awarded the:
* NDSM
* VSM with two bronze service stars
* RVN Campaign Medal with Device (1960)
6. Department of the Army General Order 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. Orders awarded him the BSM. Therefore he is entitled to correction of his DD Form 214 to show this award.
2. He served in Vietnam during a period for which all units were awarded the RVN Gallantry Cross with Palm Unit Citation. He is entitled to correction of his DD Form 214 to show this 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 adding the following awards to his DD Form 214:
* BSM
* 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) AR20140018360
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018360
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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