IN THE CASE OF:
BOARD DATE: 27 October 2015
DOCKET NUMBER: AR20150004515
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) by adding his already-awarded Bronze Star Medal.
2. The applicant states, in effect, this award was missed for some unknown reason.
3. The applicant provides his DD Form 214 for the period ending 8 December 1968 and General Orders (GO) Number 9021, dated 5 November 1968, issued by Headquarters, 101st Airborne Division.
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's records show he enlisted in the Regular Army on 14 March 1966.
3. His available service record contains GO Number 9021, dated 5 November 1968, issued by Headquarters, 101st Airborne Division, awarding him the Bronze Star Medal for the period 1 January 1968 to 31 August 1968.
4. His DA Form 20 (Enlisted Qualification Record) shows:
a. He served in Vietnam from on or about 16 December 1967 to 7 December 1968. He has qualifying service for five campaigns:
* Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968)
* Tet Counteroffensive (30 January 1968 to 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969)
b. While in Vietnam, he was assigned to the 101st Administration Company, 101st Airborne Division.
5. He was honorably released from active duty on 8 December 1968. His
DD Form 214 shows he was awarded or authorized:
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
6. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. It states, in pertinent part, a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star is worn in-lieu of five bronze service stars.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.
a. Department of the Army General Order (DAGO) Number 39, dated 1970, awarded the Meritorious Unit Commendation to the 101st Administration Company for the period 1 November 1968 to 30 April 1969.
b. DAGO Number 48, dated 1971, awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, to the 101st Administration Company for the period 18 March 1968 to 2 May 1970.
c. This pamphlet shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. GO awarded him the Bronze Star Medal. His DD Form 214 for the period ending 8 December 1968 does not reflect this award.
2. He was awarded a Vietnam Service Medal; however, none of the campaigns in which he participated, as represented by a silver service star, are reflected on his DD Form 214.
3. The unit to which he was assigned while in Vietnam received three unit awards and they are not reflected on his DD Form 214. These awards are:
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
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
amending his DD Form 214 for the period ending 8 December 1968 as follows:
a. Delete the Vietnam Service Medal.
b. Add the:
* Bronze Star Medal
* Vietnam Service Medal with one silver service star
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam 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) AR20150004515
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