IN THE CASE OF:
BOARD DATE: 13 October 2016
DOCKET NUMBER: AR20150002878
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 a second award of the Bronze Star Medal.
2. The applicant states the second award of the Bronze Star Medal was bestowed upon him by General Orders (GO) Number 4889 and it is also shown on his DA Form 20 (Enlisted Qualification Record).
3. The applicant provides GO Number 4889, dated 6 March 1971, and GO Number 4873, dated 6 March 1971.
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 (RA) on 27 March 1964 and he held military occupational specialty 11B (Light Weapons Infantryman).
3. He was honorably discharged on 21 July 1965 for the purpose of immediate reenlistment. He was issued a DD Form 214 that captured his active service and listed award of the Marksman Marksmanship Qualification Badge with Rifle Bar.
4. The applicant reenlisted in the RA on 22 July 1965. He served in Vietnam from 30 May 1970 to 29 March 1971. He was assigned to Company D, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division.
5. Headquarters, 1st Cavalry Division published the following GO awarding him the below awards:
* GO Number 4873 on 6 March 1971, the Bronze Star Medal for service from 2 June 1970 to 18 March 1971
* GO Number 4889 on 6 March 1971, the Bronze Star Medal (2nd Award) for achievement from 18 January to 18 March 1971
6. He was discharged with a general discharge on 8 February 1972. He completed 5 years, 7 months, and 20 days of active service during this period. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Bronze Star Medal
* 2 overseas service bars
* Expert Infantryman Badge
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
7. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the Sanctuary Counteroffensive (1 May-30 June 1970) and Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971) campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
8. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 1st Battalion, 5th Cavalry Regiment in Vietnam from 30 May 1970 to 29 March 1971, this unit was cited for the:
* Valorous Unit Award for service from 1 May to 29 June 1970 by Department of the Army General Order (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross w/Palm Unit Citation for service from 21 February 1970 to 28 February 1971, by DAGO Number 42, dated 1972
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant two awards of the Bronze Star Medal. DAGO awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Neither unit awards nor the two Bronze Star Medals are listed on his DD Form 214.
2. He was awarded the Vietnam Service Medal. He also participated in two campaigns during his service in Vietnam. He meets the criteria for award of two bronze service stars for wear on his already-awarded Vietnam Service Medal.
BOARD VOTE:
_____X___ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 for the period ending 8 February 1972 the Vietnam Service Medal and Bronze Star Medal
*
adding to his DD Form 214 for the period ending 8 February 1972 the:
* Bronze Star Medal (2nd Award)
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Republic of Vietnam 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) AR20150002878
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