IN THE CASE OF: BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150004826 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: * Award of the Bronze Star Medal (BSM) * Completion of Special Forces Training Course in 1973 * Completion of Jumpmaster Course in 1973 * Promotion to captain in 1974 2. The applicant states his DD Form 214 does not show all of his service awards, education and promotion received while an active member of the United States Army Reserve (USAR) and a member of the Colorado Army National Guard (COARNG). 3. The applicant provides copies of: * General Orders Number 643, U.S. Military Assistance Command (MACV), dated 30 January 1970 * Citation for award of the BSM * Certificate for completion of the Jumpmaster Course, 8-14 July 1973 * DA Form 1059 (Service School Academic Evaluation Report, dated 9 January 1974 * Promotion Letter, USAR, dated 17 April 1974 * Honorable Discharge Certificate, dated 8 September 1981 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. On 3 July 1967, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 12A (Pioneer). He was subsequently assigned to the 814th Engineer Company in Europe for duty as a bridge helper. 3. On 18 March 1968, the applicant departed Europe for enrollment in the Officer Candidate School located at Fort Benning, Georgia. 4. On 19 September 1968, the applicant was honorably discharged from the Regular Army for the purpose of accepting a commission as a second lieutenant, USAR. His DD Form 214 shows he completed 1 year, 2 months, and 17 days of active duty service as an enlisted Soldier. He completed the Infantry Officer Candidate Course and was awarded the Army Good Conduct Medal, National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar. 5. On 20 September 1968, the applicant entered Active Duty as an USAR commissioned officer in the rank of second Lieutenant. 6. On 14 March 1969, the applicant departed Fort Benning, Georgia for duty in the Republic of Vietnam (RVN) where he was assigned to the U.S. MACV. 7. On 7 January 1970, the applicant departed the RVN. He was assigned for duty at Fort Huachuca, Arizona. 8. General Orders Number 643, U.S. MACV, dated 30 January 1970, announced the applicant’s award of the BSM for meritorious service in connection with military operations against a hostile force from April 1969 to January 1970. 9. On 19 August 1970, the applicant was released from active duty (REFRAD) and transferred to the USAR Control Group (Reinforcement). He had completed 1 year, 10 months, and 29 days of creditable active duty service as a commissioned officer. His DD Form 214 for this period of active duty service shows he was awarded or authorized: * National Defense Service Medal * Army Good Conduct Medal * Parachutist Badge * Vietnam Service Medal * Combat Infantryman Badge * RVN Campaign Medal 10. Records show the applicant served as an USAR officer not on active duty from 19 August 1970 to 19 November 1971. 11. Records show from on or about 19 November 1971 to 22 December 1976, the applicant served in the COARNG. On 10 January 1974 he was promoted to captain, pay grade O-3. He completed approximately 142 days of active duty training. His National guard Bureau (NGB) form 22 (Report of Separation and Record of Service in the COARNG) shows his rank at the time as captain, pay grade O-3. 12. During the period 22 December 1976 to 1 April 1977, the applicant was an USAR officer not on active duty. 13. On 1 April 1977, the applicant was assigned to the 2nd Battalion, 12th Special Forces Group, located in Tulsa. Oklahoma. On 20 August 1978, he was reassigned to the USAR Control Group (Reinforcement). 14. On 8 September 1981, the applicant was honorably discharged from the USAR. 15. Department of the Army General Orders 8, dated in 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 16. Army Regulation 600-8-22 (Military Awards) shows in Appendix B that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods: the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This publication shows that the U.S. MACV, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 51, dated in 1971 for award of the Meritorious Unit Commendation. 18. Army Regulation 635-5 (Separation Documents) as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show: * Award of the BSM * Completion of Special Forces Training Course in 1973 * Completion of Jumpmaster Course in 1973 * Promotion to captain in 1974 2. General orders show the applicant was awarded the BSM for his meritorious service in the RVN in 1969-1970. Therefore, this medal should be shown on his DD Form 214 effective 19 August 1970. 3. Records and documents provided by the applicant clearly show that he completed the training stated in paragraph 1 above, and was promoted to captain in 1974. These accomplishments were completed after his last period of active duty service. The governing regulation restricts entries on the DD Form 214 to only those accomplishments completed during the period of service. 4. Records show that the applicant participated in three campaign periods during his service in the RVN. Therefore, he is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal. 5. Records show that the applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation. Therefore, his records should be corrected to show this unit award. 6. Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this foreign unit award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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: a. deleting from his DD Form 214, effective 19 August 1970, the Vietnam Service Medal; and b. adding to his DD Form 214: * Bronze Star Medal * Vietnam Service Medal with three bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined that 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 showing his promotion to captain or completion of training in 1973. . _______ _ 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) AR20140000079 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004826 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1