IN THE CASE OF:
BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140007062
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 the Bronze Star Medal with second oak leaf cluster (third award).
2. The applicant states he was awarded the third award of the Bronze Star Medal but only one award is shown on his DD Form 214.
3. The applicant provides a DD Form 214, orders for the first and second awards of the Bronze Star Medal, and three Bronze Star Medal Certificates.
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. The applicant enlisted in the Regular Army on 28 November 1967.
3. His DA Form 20 (Enlisted Qualification Record) shows:
a. he served in Vietnam from 23 June 1968 to 23 August 1970;
b. he was assigned to Headquarters and Headquarters Troop (HHT),
1st Squadron, 4th Cavalry from 1 July 1968 to 4 April 1970 and to Company A, 577th Engineer Battalion from 5 April to 23 August 1970.
4. Headquarters, 1st Infantry Division, General Orders Number 3903, dated
12 March 1970, awarded him the BSM with second oak leaf cluster for service during the period 4 February to 3 March 1970.
5. He was honorably released from active duty on 27 August 1970. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Commendation Medal
* Bronze Star Medal
* four overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
6. Army Regulation 600-8-22 (Military Awards) states:
a. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.
b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for eight campaigns.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows that during his assignment to HHT,
1st Squadron, 4th Cavalry, this unit was cited in general orders for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by Department of the Army General Orders (DAGO) Number 53, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the Bronze Star Medal with second oak leaf cluster (third award) has been carefully considered.
2. His records contain general orders that show he was awarded the Bronze Star Medal with second oak leaf cluster (third award). Therefore, he is authorized correction of his DD Form 214 to show three awards of the Bronze Star Medal.
3. He was awarded the Vietnam Service Medal; however, he participated in eight campaigns during his service in Vietnam. Therefore, he is authorized one silver service star and three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.
4. His unit of assignment in Vietnam was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. This unit award should be added to his DD Form 214.
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 from his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal and
b. adding to his DD Form 214 the:
* Bronze Star Medal (third award)
* Vietnam Service Medal with one silver service star and three bronze service stars
* 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) AR20140007062
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ABCMR Record of Proceedings (cont) AR20140007062
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