IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150004163 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 reissuance of his DD Form 214 (Certificate of Release or Discharge from Active Duty) because he was previously issued two DD Forms 215 (Correction to DD Form 214) that amended his DD Form 214. 2. The applicant states: a. His official records contain two DD Forms 215. The first was issued on 13 June 2011, adding the Soldier's Medal to his DD Form 214. A second DD Form 215 was issued on 16 May 2013, adding the Army Commendation Medal (ARCOM) with 1st Oak Leaf Cluster. b. He was awarded the Bronze Star Medal (BSM) on 27 February 2014. c. He was authorized the 13th and 14th awards of the Air Medal on 7 January 2015. d. Since four changes have been made to his official records, he requests issuance of a new DD Form 214. 3. The applicant provides: * DD Forms 215, dated 13 June 2011 and 16 May 2013 * letter from the Awards and Decorations Branch, dated 14 March 2014 * BSM orders * Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 6 January 2015 * DD Form 214 * ARCOM 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 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 retired in the rank of lieutenant colonel on 31 May 1981 after completing over 27 years of creditable active service. The DD Form 214 issued at that time shows he was awarded or authorized the: * National Defense Service Medal (NDSM) with 1st Oak Leaf Cluster * Army Aviator Badge * Senior Army Aviator Badge * Distinguished Flying Cross (DFC) * ARCOM with 3rd Oak Leaf Cluster * ARCOM with 2nd Oak Leaf Cluster with "V" Device * Air Medal (12th Award) * Meritorious Unit Commendation (MUC) (9th Award) * Air Medal (9th Award) with "V" Device * Republic of Vietnam Campaign Medal with Device (1960) * four overseas service bars * Master Army Aviator Badge * Meritorious Service Medal (MSM) * Republic of Vietnam Gallantry Cross with Palm * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Humanitarian Service Medal (HSM) * Navy Unit Citation (NUC) * Armed Forces Expeditionary Medal) (AFEM) (Vietnam) * Legion of Merit (LOM) with 1st Oak Leaf Cluster 3. A DD Form 215, dated 13 June 2011, added award of the Soldier's Medal to his DD Form 214. 4. A DD Form 215, dated 16 May 2013, deleted award of the ARCOM with 2nd Oak Leaf Cluster with "V" Device and added award of the ARCOM with 1st Oak Leaf Cluster with "V" Device to his DD Form 214. 5. U.S. Army Human Resources Command Permanent Order 058-31, dated 27 February 2014, awarded him the BSM. 6. Per an ABCMR recommendation, dated 6 January 2015, the applicant's DD Form 214 was reissued on 3 March 2015 to incorporate the corrections contained on the two DD Forms 215 and adding award of the Air Medal with Numeral 14. The reissued DD Form 214 shows he was awarded or authorized the: * Air Medal with Numeral 14 with "V" Device * NDSM (2nd Award) * Army Aviator Badge * Senior Army Aviator Badge * DFC * ARCOM with one silver service star and "V" Device * MUC (9th Award) * Republic of Vietnam Campaign Medal with Device (1960) * four overseas service bars * Master Army Aviator Badge * MSM * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Gallantry Cross with Gold Star * HSM * NUC * AFEM (Vietnam) * LOM (2nd Award) * Soldier's Medal * ARCOM (2nd Award) with "V" Device 7. Army Regulation 635-8 (Separation Processing and Documents) prescribes policy and procedural guidance relating to transition management. It explains separation document preparation, distribution, correction, and transition processing. The regulation provides that a DD Form 215 will be prepared to correct a previously-issued DD Form 214 except in instances when two DD Forms 215 have already been issued for the same DD Form 214. In such instances, a new DD Form 214 will be administratively issued. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for reissuance of his DD Form 214 because he was previously issued two DD Forms 215 that amended his DD Form 214 was noted. However, the evidence shows he was reissued a DD Form 214 in March 2015. A copy of this DD Form 214 will be provided to him. 2. Orders show he was awarded the BSM. This medal is not shown on his reissued DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 issuing him a DD Form 215 adding award of the BSM to his DD Form 214. 2. The Board further determined 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 reissuance of his DD Form 214. _______ _ _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) AR20150004163 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004163 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1