IN THE CASE OF:  	  

		BOARD DATE:  23 July 2015	  

		DOCKET NUMBER:  AR20140020856 


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 (1st oak leaf cluster).

2.  The applicant states he was awarded the Bronze Star Medal (1st oak leaf cluster); however, it is not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and General Orders Number 15133. 

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 18 October 1967.  He completed training and he was awarded military occupational specialty 73C (Finance Noncommissioned Officer).  He was stationed in the Republic of Vietnam from 5 December 1968 to 21 May 1970 except for a brief period when he was hospitalized in Japan.  He served with the 25th Administration Company, 25th Infantry Division.

3.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as an expert marksman on the M14 and M16 rifles.

4.  The applicant provides and his record contains General Orders Number 15133, issued by Headquarters, 25th Infantry Division, dated 9 December 1969, which award him the Bronze Star Medal (1st oak leaf cluster) for meritorious service in connection with military operations against a hostile force for the period December 1968 to December 1969.

5.  On 21 May 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) as an overseas returnee.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal    
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  During the period in which the applicant was assigned to the 25th Administration Company his unit was cited for award of the:
	
   a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 13 March 1966 to 21 January 1970, by Department of the Army General Order (DAGO) Number 51, dated 1971.

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 September 1968 to 30 September 1970, by DAGO Number 5, dated 1973.

   c.  Meritorious Unit Commendation for the periods 1 January through 31 December 1968 by DAGO Number 37, dated 1970 and 1 January through 3 December 1970 by DAGO Number 6, dated 1974.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase VI 
* TET 69 Counteroffensive
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request has been carefully considered and found to have merit.

2.  Item 29 of his DA Form 20 shows he qualified as an expert marksman on the M14 and M16 rifles.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar.

3.  General orders awarded the applicant the Bronze Star Medal (1st oak leaf cluster).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two Meritorious Unit Commendations during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  The evidence of record also confirms that based on the applicant's service and campaign participation in the Republic of Vietnam, he is entitled to one silver service star for wear with his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with one silver service star.



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 Vietnam Service Medal from his DD Form 214 and

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

* Bronze Star Medal (1st oak leaf cluster)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation (2nd Award)
* Vietnam Service Medal with one silver service star
* Expert Marksmanship Qualification Badge with Rifle Bar



      _______ _   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)                                         AR20140020856



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140020856



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1