IN THE CASE OF:
BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140017003
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 (BSM) (2nd Award).
2. The applicant states he received two BSMs for his service in the Republic of Vietnam (RVN). Neither of these awards is recorded on his DD Form 214. He has copies of the orders that awarded him the medals. The DD Form 214 should reflect a complete and accurate record of all awards. He did not notice the error when he was discharged. By the time it came to his attention he was not aware that there was any way to correct the error. He recently signed up at the Department of Veterans Affairs where they made him aware that he could have his records corrected by this Board.
3. The applicant provides his DD Form 214, orders, and two citations for the BSM.
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 31 January 1968. He completed training and was awarded military occupational specialty 92B (Medical Laboratory Specialist).
3. His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:
a. Item 31 (Foreign Service) shows he served a tour of duty in the RVN beginning on 2 June 1969.
b. Item 38 (Record of Assignments) shows that during the period 5 June 1969 to 11 June 1969 he was attached to the 23rd Administration Company Replacement Detachment in the RVN and from 12 June 1969 to 28 May 1970 he served with 756th Medical Detachment in the RVN.
c. Item 41 (Awards and Decorations) shows the following:
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Overseas Service Bars (2)
* Army Good Conduct Medal (AGCM)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
4. Headquarters, Americal Division, issued the following orders announcing awards given to the applicant:
* General Orders (GO) Number 4920, dated 23 May 1970, awarded him the BSM for meritorious service in connection with military operations against a hostile force
* GO Number 5694, dated 6 June 1970, awarded him the BSM (2nd Award) for meritorious achievement in connection with military operations against a hostile force
5. On 29 January 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). The DD Form 214 issued at that time shows he was awarded the:
* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* AGCM
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Overseas Service Bar (2)
6. Army Regulation 600-8-22 (Military Awards) provides for award of the VSM. Appendix B shows the campaigns for Vietnam. During his tour in Vietnam he participated in four campaigns: the Tet 69/Counteroffensive, Vietnam Summer - Fall 1969, Vietnam Winter Spring 1970, and the DA Sanctuary Counteroffensive. This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows the 756th Medical Detachment was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 January 1969 through 30 September 1970 based on Department of the Army General Order 6, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. Orders awarded him the BSM and the BSM (2nd Award). He is entitled to correction of his DD Form 214 to show these awards.
2. Records show he was awarded the VSM and he participated in four campaigns. Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his previously-awarded VSM.
3. He served with the 75th Medical Detachment during the period for which the unit was awarded the RVN Gallantry Cross with Palm Unit Citation. He is entitled to correction of his DD Form 214 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 deleting from his DD Form 214 the VSM and adding the following awards to his DD Form 214:
* BSM (2nd Award)
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm 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) AR20140017003
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140017003
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