IN THE CASE OF:  

		BOARD DATE:  9 June 2015    

		DOCKET NUMBER:  AR20140018773


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 he was awarded the Bronze Star Medal (BSM). 

2.  The applicant states the award is not listed on his DD Form 214.

3.  The applicant provides his DD Form 214, general orders, and 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.  On 19 July 1968, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 67M (OH-13/OH-23 Helicopter Repairman).

3.  His DA Form 20 (Enlisted Qualification Record) shows:

   a.  Item 31 (Foreign Service):
   
* Germany - 30 December 1968 to 6 June 1969
* Vietnam - 8 August 1969 to on or about 21 February 1971

b.  Item 41 (Awards and Decorations):

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960) (VCM)
* three overseas service bars
* three Air Medals (AM)
* Army Commendation Medal (ARCOM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Aircraft Crewman Badge

   c.  Item 38 (Record of Assignments) shows he served in the RVN during the period of:
   
* 12 August 1969 to 16 October 1969, Headquarters, 54th Artillery Group
* 17 October 1969 to 15 September 1970, Headquarters and Headquarters Battery, 2nd Battalion, 35th Artillery (attached to the 23rd Artillery Group)
* 16 September 1970 to 12 November 1970, 195th Aviation Company
* 13 November 1970 to 20 February 1971, A Troop, 3rd Squadron, 17th Cavalry

4.  During his service in the RVN from 12 August 1969 to on or about 
21 February 1971, he participated in four campaigns.

5.  General Orders Number 885, issued by Headquarters, II Field Force Vietnam Artillery, dated 29 July 1970 awarded him the BSM for meritorious service in connection with military operations against a hostile force for the period from August 1969 to July 1970.

6.  Special Orders Number 167, issued by Headquarters, Third Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14).

7.  On 24 February 1971, he was honorably released from active duty.  The 
DD Form 214 issued at that time shows he was awarded the:

* NDSM
* VSM
* VCM
* Aircraft Crewman Badge
* ARCOM
* AM with 3 oak leaf clusters (AM 3rd Award)

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

9.  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:

   a.  Headquarters, 54th Artillery Group was cited for award of the:

* Meritorious Unit Commendation (MUC) for the period of 25 January 1968 to 31 August 1969, by Department of the Army General Order (DAGO) 39, 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 10 October 1966 to 24 October 1969, by DAGO 51, 1971

b.  Headquarters and Headquarters Battery, 2nd Battalion, 35th Artillery,
attached to the 23rd Artillery Group, was cited for the RVN Civil Actions Honor Medal First Class Unit Citation for the period 22 March 1966 to 15 January 1971, by DAGO 51, 1971

	c.  A Troop, 3rd Squadron, 17th Calvary was cited for the RVN Gallantry Cross with Palm Unit Citation for the period of 21 February 1970 to 28 February 1971, by DAGO 42, 1972.



DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the BSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He was awarded the VSM and he participated in four campaigns.  He is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his previously-awarded VSM.  

3.  His units were awarded the MUC, the RVN Civil Actions Honor Medal First Class (2nd Award), and the RVN Gallantry Cross with Palm Unit Citation for periods that coincided with his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  His DA Form 20 shows he qualified as a sharpshooter with the rifle (M-14).  Therefore, there is sufficient evidence to add the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 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:

	a.  Deleting the VSM from his DD Form 214.

   b.  Adding the following awards to his DD Form 214:

* BSM 
* RVN Gallantry Cross with Palm Unit Citation
* MUC
* VSM with four bronze service stars


* RVN Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      ___________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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ABCMR Record of Proceedings (cont)                                         AR20140018773



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