RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 April 2007 DOCKET NUMBER: AR20060014074 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Gerard W. Schwartz Acting Director Mrs. Victoria A. Donaldson Analyst The following members, a quorum, were present: Mr. Kenneth L. Wright Chairperson Ms. LaVerne M. Douglas Member Ms. Ernestine L. Fields Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his records be corrected to show award of the Bronze Star Medal. 2. The applicant states, in effect, that he received the Bronze Star Medal and it is not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 3. The applicant provided a copy of his DD Form 214 in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 14 December 1970, the date of his transfer to the United States Army Reserve. The application submitted in this case is dated 25 September 2006. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant's records show that he enlisted in the Regular Army on 29 January 1968. He completed combat basic training and advanced individual training and was awarded the military occupational specialty (MOS) 31B (Field Radio Mechanic). The applicant served a tour of duty in the Republic of Vietnam during the period 20 February 1970 through 14 December 1970. 4. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Bronze Star Medal. 5. Headquarters, 23rd Infantry Division General Orders Number 16509, dated 24 December 1970, show that the applicant was awarded the Bronze Star Medal. 6. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. 8. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal. 9. Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII during his tour of duty in Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. DISCUSSION AND CONCLUSIONS: 1. Orders show the applicant was awarded the Bronze Star Medal. Therefore, he is entitled to correction of his records to show this award. 2. Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his separation document. Therefore, he is entitled to correction of his records to show this award. 3. Record shows the applicant was awarded the Vietnam Service Medal. Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal. 4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 December 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 13 December 1973.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: _KLW___ _LMD____ _EIF__ _ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. _Kenneth L. Wright_____ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.