IN THE CASE OF:
BOARD DATE: 28 May 2012
DOCKET NUMBER: AR20120020489
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) to show two awards of the Bronze Star Medal.
2. He states the awards were received after he was discharged and were not included on his DD Form 214.
3. He provides his DD Form 214 and orders.
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 3 February 1969, the applicant was appointed as an officer in the Regular Army. His record shows he served in the Infantry Branch and achieved the rank/grade of captain/O-3.
3. On 31 May 1971, Headquarters, United States Military Assistance Command, Vietnam (MACV), issued General Orders Number 2270. The orders announced award of the Bronze Star Medal to the applicant for meritorious service from June 1970 to May 1971 with Advisory Team 36.
4. On 31 March 1972, he was honorably discharged. His DD Form 214 shows in:
a. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded or authorized:
* National Defense Service Medal
* Ranger Tab
* Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* two Overseas Service Bars
b. item 30 (Remarks) he served in Vietnam from 17 May 1970 to 17 April 1971.
5. He provides General Orders Number 114, issued by Headquarters, United States Army Forces, Military Region 2, dated 21 April 1972. The orders announced award of the Bronze Star Medal to him for meritorious service from 22 June 1970 to 16 May 1971 with Advisory Team 36.
6. Army Regulation 600-8-22 (Military Awards) states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.
7. A review of his record indicates he is entitled to additional decorations not shown on his DD Form 214.
8. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized for wear with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, he participated in two campaigns:
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
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 MACV and its subordinate units during the period 8 February 1962 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. In general orders dated 21 May 1971, MACV announced award of the Bronze Star Medal to the applicant for his meritorious service from June 1970 to May 1971. He is entitled to correction of his DD Form 214 to show this award.
2. In general orders dated 21 April 1972, another headquarters issued orders announcing award of the Bronze Star Medal to the applicant for his meritorious service from 22 June 1970 to 16 May 1971. These orders duplicate the period and reason for which he had already received the Bronze Star Medal. Only one decoration may be awarded to an individual for the same period of meritorious service; therefore, there is no basis for correcting his DD Form 214 to show he received a second award of the Bronze Star Medal.
3. The applicant participated in two campaigns during his service in Vietnam that entitled him to two bronze service stars for wear on his already-awarded Vietnam Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show these bronze service stars.
4. He served in a unit subordinate to MACV during the period cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x_____ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by making the following deletion from and additions to item 24 of his DD Form 214:
a. delete the Vietnam Service Medal and
b. add the:
* Bronze Star Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
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.
_______ _ _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) AR20120020489
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120020489
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