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 3Â 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
ARMY | BCMR | CY2009 | 20090012351
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Valorous Unit Award, the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Records show the applicant participated in two campaigns during his assignment in Vietnam. As a result, the Board...
ARMY | BCMR | CY2008 | 20080017404
The applicant served in Vietnam from 24 June 1969 to 12 March 1970, but his DD Form 214 does not show that he was awarded the Vietnam Service Medal or the Republic of Vietnam Campaign Medal with 1960 Device. The applicant participated in two campaigns during his service in Vietnam from 24 June 1969 to 12 March 1970, but his DD Form 214 does not show that he was awarded the Vietnam Service Medal with two bronze service stars or the Republic of Vietnam Campaign Medal with 1960 Device. ...
ARMY | BCMR | CY2010 | 20100020676
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Bronze Star Medal * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Presidential Unit Citation * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an...
ARMY | BCMR | CY2004 | 20040011253C070208
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal with Oak Leaf Cluster. Since there is no authority for award of the Bronze Star Medal with Oak Leaf Cluster in the applicant's service personnel records, the applicant may request this award under the provisions of Section 1130 of Title 10, United States Code. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2002 | 2002068906C070402
The applicant’s military records show that he was inducted into the Army on 16 February 1967. In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Purple Heart for wounds received in action on 30 January 1968.
ARMY | BCMR | CY2002 | 2002074319C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his records be corrected to show that he was awarded the Combat Medical Badge and the Army Commendation Medal. A 16 March 1990 DA Form 1577 (Authorization for Issuance of Awards) prepared by the Army Reserve Personnel Center lists his authorized awards as the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the...
ARMY | BCMR | CY2012 | 20120001296
His military record is not available to the Board for review. 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 Vietnam Service Medal, and b. adding to his DD Form 214 the: * Bronze Star Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit...
ARMY | BCMR | CY2005 | 20050004089C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 September 2005 DOCKET NUMBER: AR20050004089 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. The applicant requested correction of his records to show award of the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his...
ARMY | BCMR | CY2002 | 2002078044C070215
Army Regulation 672-5-1 (and the current awards regulation) provided for the award of the Combat Infantryman Badge to a soldier who was an infantryman satisfactorily performing infantry duties, who was assigned to an infantry unit during such time as the unit was engaged in active ground combat, and must have actively participated in such ground combat. Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, does not show that any of the four units to which the...
ARMY | BCMR | CY2008 | 20080009340
Item 40 (Wounds) of his DA Form 20 includes an entry showing he sustained a fragment wound to his right leg on 24 January 1969, in the RVN, and the list of awards contained in Item 41 (Awards and Decorations) includes the PH. The evidence of record includes official orders awarding the applicant the PH for wounds received in action in the RVN on 24 January 1969, which are corroborated by entries on his DA Form 20 and the Vietnam Casualty Roster. As a result, the Board recommends that all...