BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150008793 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ____x____ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150008793 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________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. BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150008793 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 he received an order and award of a second Bronze Star Medal. However, his DD Form 214 does not show this award. 3. The applicant provides: * Request Pertaining to Military Records * DD Form 214 * Honorable Discharge Certificate * U.S. Army Reserve discharge orders * Social security card * Certificate of appreciation 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 was inducted into the Army of the United States on 23 April 1968 and he held military occupational specialty 71F (Postal Clerk). 3. He served in Vietnam from 30 March 1969 to 27 March 1970. He was assigned to the 1st Administrative Company, 1st Infantry Division. 4. General Orders (GO) Number 1070, issued by Headquarters, 1st Infantry Division, on 26 January 1970 awarded him the Bronze Star Medal for meritorious service from April 1969 to March 1970, while assigned to the 1st Administrative Company. 5. GO Number 4991, issued by Headquarters, 1st Infantry Division, on 23 March 1970 awarded him the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service from May 1969 to March 1970, while assigned to the 1st Administrative Company. 6. He was honorably released from active duty on 28 March 1970 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligations. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * 2 overseas service bars * Good Conduct Medal * Bronze Star Medal * Vietnam Campaign Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. DISCUSSION: 1. The applicant served in Vietnam from 30 March 1969 to 27 March 1970. He was assigned to the 1st Administrative Company, 1st Infantry Division. He was issued two sets of orders by the same headquarters, awarding him two awards of the Bronze Star Medal. * GO Number 1070, on 26 January 1970 awarded him the Bronze Star Medal for meritorious service from April 1969 to March 1970 * GO Number 4991, on 23 March 1970 awarded him the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service from May 1969 to March 1970 2. By regulation, only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. Although the first award began in April 1969 and the second began in May 1969, both awards appear to be for the same period of meritorious service while assigned to the same unit. The second order is a duplicate order. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008793 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008793 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2