IN THE CASE OF: BOARD DATE: 15 March 2016 DOCKET NUMBER: AR20150008521 BOARD VOTE: ____X____ ___X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 March 2016 DOCKET NUMBER: AR20150008521 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 the Bronze Star Medal with "V" Device from his DD Form 214 and b. adding the Bronze Star Medal with (2nd Award) with "V" Device and the Parachutist Badge. ____________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. Enclosure 1 IN THE CASE OF: BOARD DATE: 15 March 2016 DOCKET NUMBER: AR20150008521 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, in effect, requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his authorized awards include the Bronze Star Medal with First Oak Leaf Cluster (i.e. 2nd Award) and the Parachutist Badge. 2. The applicant states he performed the duties and was presented the awards. He has enclosed all of the documents. He has always known he was entitled to these awards; his family deserves to know also. 3. The applicant provides – * His personal narrative statement * His DD Form 214 with DD Form 215 (Correction to DD Form 214) * Honorable Discharge Certificate * Orders with citation for the Bronze Star Medal with “V" Device and mounted (apparently original) certificate * Orders for the Bronze Star Medal with First Oak Leaf Cluster with mounted (apparently original) certificate and forwarding letter * Certificate for completion of the Airborne Course * Orders for award of the Parachutist Badge and the military occupational specialty (MOS) designator “7” for parachutist * Photocopy of the cover and flyleaf of We Were Soldiers Once and Young by Lieutenant General Harold G. Moore and Joseph L. Galloway * September 5, 2015 letter from the National Personnel Records Center * DA Form 1577 (Authorization for Issuance of Awards) 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 and entered active duty on 30 August 1963. He completed training as an infantryman and the basic airborne course. 3. His DA Form 20 (Enlisted Qualification Record) shows: a. item 31 (Foreign Service) - Service in Vietnam from 17 August 1965 to 16 August 1966; b. item 33 (Appointments and Reductions) - promotion to specialist five/pay grade E-5 on 30 July 1965; c. item 38 - (Record of Assignments) – * B Company, 2nd Battalion, 7th Infantry, from 16 September 1965 to 3 May 1966 * 15th Admin Company, 1st Cavalry Division, from 4 May to 19 July 1966 4. The applicant was honorably released from active duty on 26 July 1966. His DD Form 214 listed his authorized awards as the – * National Defense Service Medal * One Overseas Service Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Pistol Bar * Sharpshooter Marksmanship Qualification Badge with, Rifle Bar (M-14) * Purple Heart * Combat Infantryman Badge * Vietnam Service Medal * Bronze Star Medal with “V” Device 6. A DD Form 215 prepared by the Army Reserve Personnel Center in August 1966 modified his DD Form 214 by: a. deleting the Vietnam Service Medal; and b. adding the – * Vietnam Service Medal with three bronze service stars * Air Medal * Army Good Conduct Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Badge with Mortar Bar * Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 7. In support of his request the applicant submitted copies of: a. Army Infantry Center and Fort Benning Special Orders Number 40 of 1964 awarding him the Parachutist Badge; b. First Cavalry Division General Orders Number 2458 of 1966 awarding him the Bronze Star Medal with First Oak Leaf Cluster for meritorious service during the period 17 September 1965 through 1 August 1966. An attached letter shows it was mailed to him after he was released from active duty; and c. the flyleaf of We Were Soldiers Once and Young carries the note, “To [the applicant], one of the handful of [the] very finest troopers of the line I have ever had the privilege of serving with in battle — and in extremely perilous circumstances. A deadly shot with a rifle, expert motorman, brave and sensitive man and beloved friend. With highest respect. Harold G. Moore. DISCUSSION: 1. The applicant requests that the Bronze Star Medal with First Oak Leaf Cluster and the Parachutist Badge be added to his DD Form 214. 2. Orders authorized these awards. The orders for the Parachutist Badge were apparently not entered or inadvertently removed from his record. The award elements for the Bronze Star Medal with First Oak Leaf Cluster were mailed to him after he was separated from active duty. //NOTHING FOLLOWS// Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings AR20150008521 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2