IN THE CASE OF: BOARD DATE: 22 October 2015 DOCKET NUMBER: AR20150003474 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 the appropriate awards and decorations for his service in Vietnam. 2. The applicant states he was awarded the Vietnam Service Medal (VSM) with one bronze service star; however, he is authorized four bronze service stars for wear on this award. 3. The applicant provides a copy of his DD Form 214 and a copy of a U.S. Army Tank-automotive and Armaments Command (TACOM) packing slip. 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's military records show: a. He was inducted into the Army of the United States on 12 March 1969. b. He was awarded military occupational specialty 11B (Light Weapons Infantryman). c. He served in the Republic of Vietnam (RVN) from on or about 25 August 1969 to 24 August 1970. d. He was assigned to Company C, 3rd Battalion, 22nd Infantry, 25th Infantry Division as a rifleman during his tour of duty in the RVN. e. Headquarters, 25th Infantry Division, awarded the applicant the: * Bronze Star Medal (BSM) in General Orders (GO) Number 7060, dated 25 June 1970 * BSM (2nd Award) with "V" Device in GO Number 7813, dated 16 July 1970 3. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was reduced from specialist four/E-4 to private first class/E-3, effective 4 February 1970. His disciplinary record includes two periods of being absent without leave (AWOL) for which he accepted nonjudicial punishment on 23 August 1969 and 9 December 1970. 4. He was honorably released from active duty on 31 March 1971 in the rank/pay grade of specialist four/E-4. 5. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Combat Infantryman Badge * Army Commendation Medal * RVN Campaign Medal with Device (1960) * VSM with bronze service star * Air Medal * BSM (2nd Award) 6. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May - 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. DISCUSSION AND CONCLUSIONS: 1. The applicant requests correction of his DD Form 214 to show the appropriate awards and decorations for his service in Vietnam. 2. His DD Form 214 shows he was awarded the VSM with one bronze service star; however, his record confirms he participated in four campaigns while serving in Vietnam; therefore, he meets the criteria for award of four bronze service stars for wear on his previously-awarded VSM. 3. His unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment. This unit award is not listed on his DD Form 214. 4. GO awarded the applicant the BSM (2nd Award) with “V” Device; however, his DD Form 214 incorrectly shows he was awarded the BSM (2nd Award). BOARD VOTE: ____x___ ____x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the VSM with bronze service star and BSM (2nd Award); and b. adding to his DD Form 214 the following awards: * BSM (2nd Award) with “V” Device * RVN Gallantry Cross with Palm Unit Citation * VSM with four bronze service stars _______ _ _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) AR20150003474 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003474 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1