IN THE CASE OF:	  

		BOARD DATE:	    30 June 2015

		DOCKET NUMBER:  AR20140018943 


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 served with the U.S. Army Special Security Group (USASSG), Assistant Chief of Staff for Intelligence (ACSI), Department of the Army (DA), Laos Detachment, from September 1972 to February 1973.  He received the BSM after he was released from active duty (REFRAD).

3.  The applicant provides a copy of his DA Form 4980-5 (BSM Certificate).

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.  A DD Form 214 shows the applicant was inducted into the Army of the United States on 15 October 1970 and he was honorably discharged on 22 October 1970 to enlist in the Regular Army (RA).

3.  He enlisted in the RA on 23 October 1970 for a period of 3 years.  He was awarded military occupational specialty 72B (Communications Center Specialist).

4.  His DA Form 20 (Enlisted Qualification Record) shows in –

* item 31 (Foreign Service), he served overseas from 16 September 1972 through 3 August 1973
* item 33 (Appointments and Reductions), he was promoted to sergeant (SGT)/E-5 on 1 March 1972
* item 38 (Record of Assignments) – 

* USASSG, ACSI, DA, Washington, DC, with the Laos Detachment, from 22 September 1972 through 12 February 1973
* USASSG, ACSI, DA, Washington, DC, attached to U.S. Military Advisory Command Thailand, with the Joint U.S. Military Advisory Group Thailand, from 13 February through 2 August 1973

* item 41 (Awards and Decorations) does not list the BSM
* item 42 (Remarks), he was granted Vietnam tour credit for the period
16 September 1972 to 3 August 1973 per DA message 904889, dated 
   14 April 1969

5.  The applicant's DD Form 214 shows he entered active duty this period on
23 October 1970, he was honorably REFRAD on 4 August 1973, and transferred to the U.S. Army Reserve Control Group (Reinforcement).

   a.  He had completed 2 years, 9 months, and 12 days of total active service this period that included 10 months and 18 days of foreign service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar


6.  Two U.S. Army Military Personnel Center, Alexandria, VA, letters, dated
22 January 1975, show the Chief, Military Awards Branch, informed the applicant that he had been awarded the BSM for meritorious service from September 1972 to August 1973 and that the award had been forwarded to the Commander, Fort Riley, KS, to arrange for presentation to the applicant.  The letters also show the citation, certificate, and DA letter orders were forwarded to the commander.

7.  A "Citation to Accompany Recommendation for award of the BSM" pertaining to the applicant shows he was recognized for meritorious service while serving as Communications Center Shift Supervisor, Graphics Specialist and Analytical Research Assistant, Laos Detachment, USASSG, ACSI, DA, in direct support of the United States Mission to Laos from 16 September 1972 to 2 August 1973.

8.  In support of his application the applicant provides a copy of his BSM award certificate that shows he was awarded the BSM for meritorious achievement from September 1972 to August 1973.  The certificate was signed by The Adjutant General of the Army and the Secretary of the Army on 9 December 1974.

9.  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 U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any award orders pertaining to the applicant.

10.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  A bronze service star will be awarded to a Soldier for wear on the VSM for participation in each credited campaign when under orders in the combat zone and he/she is awarded a combat decoration.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Laos in direct support of operations in Vietnam, participation credit was awarded for the Vietnam Cease-Fire campaign 
(30 March 1972 - 28 January 1973).
	c.  The BSM is awarded in time of war for heroism and for meritorious achievement or service 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was awarded the BSM.

2.  The evidence of record shows that subsequent to the applicant's REFRAD the Chief, Military Awards Branch, informed the applicant that he had been awarded the BSM for meritorious service from September 1972 to August 1973 and that the award elements (including the certificate, citation, and DA letter orders) were forwarded to the Commander, Fort Riley, for presentation to the applicant.

   a.  The BSM certificate and citation are in evidence.

   b.  Based on the evidence of record, it is concluded that the applicant's award of the BSM for meritorious service from September 1972 to August 1973 was announced in DA letter orders.

   c.  Thus, it would be appropriate correct his records to show the award.

3.  The evidence of record shows the applicant qualified for award of the VSM and he participated in one campaign during his service in Laos in direct support of operations in Vietnam.  Thus, he is authorized one bronze service star for wear on his already-awarded VSM.
	
4.  Therefore, it would be appropriate to correct the applicant's final DD Form 214 to show his awards and decorations, as recommended below.


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 correcting item 24 of his 4 August 1973 DD Form 214 by:

* deleting the "Vietnam Service Medal"
* adding the –

* Bronze Star Medal
* Vietnam Service Medal with 1 bronze service star




      _______ _   __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)                                         AR20140018943



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ABCMR Record of Proceedings (cont)                                         AR20140018943



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