IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120001614
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, in effect, correction of his DD Form 215 (Correction to DD Form 214) to show the Bronze Star Medal (BSM) with "V" Device (2nd Award) instead of the BSM with "V" Device.
2. The applicant states, in effect:
* he received two awards of the BSM, one for valor and one for meritorious service
* earlier this year he requested the BSM with "V" Device be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and the BSM for meritorious service was removed
3. The applicant provides:
* Letter, dated 11 January 2012, from the National Personnel Records Center in St. Louis, MO
* DD Form 215
* Orders for the BSM with "V" Device
* Orders and citation for the BSM for meritorious service
* DD Form 214
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 applicants 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 applicants 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 29 September 1965 for a period of 3 years. He served as a combat engineer and he was honorably discharged on 8 December 1966 to accept a commission.
3. His DD Form 214 for the period ending 8 December 1966 shows the:
* National Defense Service Medal (NDSM)
* Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar
4. He was appointed a second lieutenant in the U.S. Army Reserve on
9 December 1966 and he entered active duty. He arrived in Vietnam on
16 November 1967. He served as a platoon leader assigned to Company A, 70th Engineer Battalion in Vietnam from 21 November 1967 to 2 December 1968. On 3 December 1968, he was released from active duty.
5. His DD Form 214 for the period ending 3 December 1968 shows the:
* NDSM
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960) (VCM)
* BSM
* Purple Heart with First Oak Leaf Cluster
6. Orders, dated 27 July 1968, show he received the BSM with "V" Device for heroism on 10 May 1968 to 12 May 1968 in Vietnam.
7. Orders, dated 6 January 1969, show he received the BSM for meritorious service for the period 21 November 1967 to 2 December 1968.
8. Records show he participated in five campaigns during his assignment in Vietnam.
9. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
10. A DD Form 215, dated 6 January 2012, amended his DD Form 214 for the period ending 3 December 1968 by deleting the BSM and adding the BSM with "V" Device.
11. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal. A silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 215 shows the BSM with "V" Device. However, evidence shows he received two awards of the BSM, one for valor and one for meritorious service. Therefore, his DD Form 215 should be corrected to show the BSM with "V" Device (2nd Award).
2. He participated in five campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with one silver service star. His DD Form 214 for the period ending 3 December 1968 should be corrected to show this award.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 for the period ending 3 December 1968 to show this unit award.
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 BSM with "V" Device from his DD Form 215 and adding the BSM with "V" Device (2nd Award); and
b. adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one silver service star for wear on his already-awarded Vietnam Service Medal to his DD Form 214 for the period ending 3 December 1968.
__________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) AR20120001614
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120001614
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