RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 SEPTEMBER 2005 DOCKET NUMBER: AR20050001661 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. Carl W. S. Chun Director Ms. Deborah L. Brantley Senior Analyst The following members, a quorum, were present: Mr. James Hise Chairperson Mr. Thomas O’Shaughnessy Member Mr. Patrick McGann 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 reflect two awards of the Bronze Star Medal. 2. The applicant states that he has copies of awards of the Bronze Star Medal for 7 October 1966 and 17 October 1966 but they were not noted on his separation document. 3. The applicant provides a copy of orders awarding him the Bronze Star Medal with "V" device on 17 October 1966 for his heroic actions on 28 May 1966 and copies of a 7 October 1966 and 17 October 1966 award certificate. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 12 October 1966. The application submitted in this case is dated 28 January 2005. 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. Records available to the Board indicate the applicant was inducted and entered active duty on 5 November 1964. In April 1965 he was assigned to the 2nd Battalion, 35th Infantry in Hawaii as a medical corpsman. In January 1966 he deployed with his unit to Vietnam. 4. According to orders issued on 17 October 1966 the applicant was involved in an operation against hostile forces on 28 May 1966 which resulted in his award of the Bronze Star Medal for heroism. 5. One of the Bronze Star Medal certificates was issued the same day the orders were published awarding the applicant the Bronze Star Medal. That certificate also reflects the date of the applicant's heroic action, 28 May 1966. The second certificate bears an issue date of 7 October 1966, but does not contain the date of action for the award was granted. Both certificates reflect the signature of the same general officer. 6. On 11 October 1966 the applicant departed Vietnam and on 12 October 1966 he was released from active duty with an honorable characterization of service. His separation document does not reflect award of the Bronze Star Medal. The separation document also omitted an Army Good Conduct Medal which was awarded to the applicant and confirmed in orders issued by the 35th Infantry on 28 October 1966, after the applicant had already been separated from active duty. 7. A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit was credited with participating in two designated campaigns (Vietnam Counteroffensive and Vietnam Counteroffensive Phase II) during the applicant’s period of assignment. Two bronze service stars on the Vietnam Service Medal, which is recorded on his separation document, should reflect his campaign participation. The unit was also awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm. The unit award was also omitted from his separation document. DISCUSSION AND CONCLUSIONS: 1. The evidence available to the Board confirms that the applicant was awarded the Bronze Star Medal for his heroic actions on 28 May 1966. It appears, however, that two certificates were prepared, one on 7 October 1966 and a second one on 17 October 1966. The fact that there is only one set of orders awarding the applicant the Bronze Star Medal with "V" device and no evidence of a second action for which he was recognized supports a conclusion that the certificates were likely duplicates. Because orders confirming the award were not published until after the applicant had already departed the command explains why the award was omitted from his separation document. 2. The evidence also confirms the applicant was awarded the Army Good Conduct Medal. That decoration should also be added to his separation document. 3. The applicant is entitled to two bronze service stars on his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __JH ___ ___TO __ __PM ___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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: a. by showing he was awarded one Bronze Star Medal for his heroic actions on 28 May 1966; b. by showing he was awarded the Army Good Conduct Medal; and c. by showing he is entitled to two bronze service stars on his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to a second award of the Bronze Star Medal with "V" device. _______James Hise________ CHAIRPERSON INDEX CASE ID AR20050001661 SUFFIX RECON YYYYMMDD DATE BOARDED 20050920 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION PARTIAL GRANT REVIEW AUTHORITY ISSUES 1. 107.00 2. 3. 4. 5. 6.