BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20160000048 BOARD VOTE: __x_______ __x_____ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20160000048 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20140006989, on 30 December 2014. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from his DD Form 214 the Bronze Star Medal and adding the Bronze Star Medal (2nd Award). ___________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: 4 May 2017 DOCKET NUMBER: AR20160000048 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 reconsideration of the portion of his earlier request for 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. He also requests a personal hearing. 2. The applicant states the Board's previous decision, dated 30 December 2014, erroneously indicated that he was awarded two Bronze Star Medals "by mistake," because (the Board claims) a voluntary extension of veteran's tour of duty in Vietnam resulted in the award of two "length of tour awards for meritorious service." Review of the two award citations reveals that the command intended to award two awards of the Bronze Star Medal - one for "meritorious service" and one for "meritorious achievement." The citation for the first award specifically states that the award was for "exceptionally meritorious achievement" during the period 13 February 1969 to 10 December 1969, and then goes on to detail the specific (individual) achievements. The second citation, however, clearly states that the award was made for "outstandingly meritorious service" during the period February 1969 to April 1970 (the full length of his "tour" in Vietnam) and then follows with what is essentially "boilerplate" language that is typical of the generic award language used in a "length of tour service award." Reading the two citations together, it seems clear that it was the intention of his command to give him an "impact" or "achievement" award of the Bronze Star Medal for very specific accomplishments during the first portion of his tour in Vietnam, and then to award him a second Bronze Star Medal as a "meritorious service" decoration recognizing the quality of his service during his entire tour. 3. The applicant provides a certificate and citation for both awards. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140006989 on 30 December 2014. 2. The applicant provides a new argument which was not previously considered and warrants consideration by the Board. 3. The applicant was inducted into the Army of the United States on 16 September 1968 and he held military occupational specialty (MOS) 63C (Motor Sergeant). 4. He served in Vietnam from 6 February 1969 to 5 February 1970 (his initial date of return from overseas). He was assigned to the 2nd Battalion, 32nd Artillery Regiment, 23rd Artillery Group. 5. General Orders Number 1362, issued by Headquarters, U.S. Army Vietnam, on 18 April 1969, awarded him the Army Commendation Medal with "V" Device, for heroism on 23 February 1969. 6. On 8 November 1969, he submitted a DA Form 2496 (Disposition Form) requesting an extension of his foreign service tour by 73 days. His request was approved and he was extended in Vietnam through 22 April 1970, the expiration term of service (ETS) date. 7. His DA Form 20 shows in item 41 (Awards and Decorations) one award of the Bronze Star Medal. 8. General Orders Number 176, issued by Headquarters, II Field Force Vietnam Artillery, on 24 January 1970, awarded the applicant the Bronze Star Medal for exceptionally meritorious achievement in connection with military operations against a hostile force, from 13 February 1969 to 10 December 1969. 9. General Orders Number 416, issued by Headquarters, II Field Force Vietnam Artillery, on 28 March 1970, awarded the applicant the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force, from February 1969 to April 1970. 10. The applicant also provided two citations and two Bronze Star Certificates for the period 13 February 1969 to 10 December 1969 and for the period February 1969 to April 1970. 11. He was honorably released from active duty on 22 April 1970. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Bronze Star Medal * Army Commendation Medal 12. On 30 December 2014 (AR20140006989), the Board granted the applicant partial relief with respect to several awards. However, the Board determined that in accordance with Army Regulation 672-5-1 (Military Awards), only one award will be made for the same act, achievement, or period of meritorious service. The Board denied a second award of the Bronze Star Medal. 13. On 26 February 2015, the applicant was issued a DD Form 215 (Correction to DD Form 214) to show: * Army Good Conduct Medal (1st Award) * Army Commendation Medal with "V" Device * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation REFERENCE: 1. 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. Paragraph 1–19 (Duplication of awards) states: a. Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. b. The award of a decoration for wartime service does not preclude a service award at the termination of a permanent change of station (PCS) or expiration term of service (ETS) assignment. These recommendations will not refer to wartime service, which have been previously recognized by award of a decoration during the award period. c. Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award. If appropriate, an award may be made to include the extended period of service by superseding the earlier award, or the award previously made may be amended to incorporate the extended period of service. 2. Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. By regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. The applicant was awarded two awards of the Bronze Star Medal for achievement during overlapping periods of service. The first was from 13 February 1969 to 10 December 1969, and the second was from February 1969 to April 1970. 3. Achievement awards normally cover a short period of time with a definitive beginning and ending date. This is clearly the case with the first award for "achievement" from 13 February 1969 to 10 December 1969. The period of achievement clearly contains a definitive beginning and ending dates (including days). 4. Although the certificate and citation for the second award indicate this award was also for achievement, the period of service covered by this award (February 1969 to April 1970) suggests this was a service award, not an achievement award, because it encompasses the applicant's entire Vietnam tour, from arrival month to departure month. 5. In the absence of evidence indicating otherwise, it must be presumed that the applicant's chain of command intended that he receive two awards of the Bronze Star Medal. The fact that the periods cited overlap was not within the applicant's control. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000048 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000048 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2