IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150007456 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) for the period ending 25 January 1969 to show the Bronze Star Medal with "V" Device. 2. The applicant states he received the award after his DD Form 214 had been processed. 3. The applicant provides orders for the Bronze Star Medal with "V" Device and his DD Form 214 for the period ending 25 January 1969. 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 15 April 1966. He was discharged on 19 March 1967 for the purpose of accepting a commission. 3. He was appointed as a Reserve commissioned officer of the Army on 20 March 1967 and he entered active duty on the same date. 4. His DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam from 3 October 1967 to on or around 25 September 1968, where he was assigned to Company A, 3rd Battalion, 506th Infantry Regiment. 5. General Orders Number 5365, issued by Headquarters, 101st Airborne Division on 5 September 1968, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period 3 October 1967 through 2 October 1968. 6. General Orders Number 10129, issued by Headquarters, 101st Airborne Division on 29 November 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism in combat on 19 February 1968. 7. He was released from active duty on 25 January 1969. His DD Form 214 for this period of service shows he was awarded or authorized the: * Silver Star * Purple Heart * Bronze Star Medal * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Combat Infantryman Badge * Parachutist Badge * 1 overseas service bar 8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B of this regulation shows that during the applicant's service in Vietnam, participation credit was awarded for four campaigns. 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows that during his assignment to the 3rd Battalion, 506th Infantry Regiment, his unit was cited in general orders for the following unit awards: * Valorous Unit Award for the period 31 January – 25 February 1968 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 – 14 May 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 – May 1970 DISCUSSION AND CONCLUSIONS: 1. General orders confirm the applicant was awarded the Bronze Star Medal and the Bronze Star Medal with "V" Device. His DD Form 214 lists a single award of the Bronze Star Medal; however, there is evidence he was awarded the Bronze Star Medal on two separate occasions. 2. The applicant participated in four campaigns during his service in Vietnam; however, his DD Form 214 shows only the Vietnam Service Medal without any corresponding bronze service stars to denote campaign participation. 3. Department of the Army Pamphlet 672-3 shows his unit of assignment during his service in the Republic of Vietnam was cited in general orders for the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are not shown on his DD Form 214. 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: a. deleting from his DD Form 214 for the period ending 25 January 1969 the Vietnam Service Medal; and b. adding to his DD Form 214 for the period ending 25 January 1969 the: * Bronze Star Medal (2nd Award) with "V" Device * Vietnam Service Medal with 4 bronze service stars * Valorous Unit Award * 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) AR20150007456 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007456 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1