IN THE CASE OF: BOARD DATE: 4 December 2014 DOCKET NUMBER: AR20140007646 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 his second Bronze Star Medal be added to his DD Form 214 (Report of Separation from Active Duty) with an effective date of 14 December 1970. 2. The applicant states his DD Form 214 shows he was awarded the Bronze Star Medal, but he was awarded a second Bronze Star Medal. 3. The applicant provides a citation, certificate, and Headquarters, 25th Infantry Division General Orders Number 4637, dated 26 April 1970, awarding him the Bronze Star Medal (First Oak Leaf Cluster). 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. On 26 December 1968, he enlisted in the Regular Army for 2 years. 3. He was assigned to Company D, 65th Engineer Battalion in the Republic of Vietnam from 25 June 1969 to 11 June 1970. He participated in three campaigns. 4. Headquarters, 25th Infantry Division issued the following general orders: * Orders Number 15774, dated 29 December 1969, awarding him the Bronze Star Medal for meritorious achievement from 1 September to 30 November 1969 * Orders Number 4637, dated 26 April 1970, awarding him the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service from June 1969 to June 1970 5. On 14 December 1970, he was released from active duty. His DD Form 214 shows he was awarded the: * National Defense Service Medal * Army Good Conduct Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with 2 bronze service stars * Bronze Star Medal * Marksmanship badges 6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict. a. All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974. b. Company D, 65th Engineer Battalion was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 21 January 1970. DISCUSSION AND CONCLUSIONS: 1. Orders show the applicant was awarded two Bronze Star Medals. Therefore, his DD Form 214 should be corrected to show Bronze Star Medal (2 Awards). 2. He participated in three campaigns while in the Republic of Vietnam. Therefore, he is authorized 3 bronze service stars on his Vietnam Service Medal. 3. Based on his service in the Republic of Vietnam and with Company D, 65th Engineer Battalion he is authorized the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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 by: a. deleting the Bronze Star Medal and Vietnam Service Medal with 2 campaign stars; and b. adding to his DD Form 214 the: * Bronze Star Medal (2 Awards) * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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) AR20140007646 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140007646 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1