BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150004517 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 three awards of the Bronze Star Medal (BSM). 2. The applicant states: * he was awarded three BSMs * there are only two awards listed on his DD Form 214 * he has three BSM Certificates 3. The applicant provides: * BSM Certificate for meritorious achievement from 1 January 1970 to 30 April 1970 * BSM Certificate for meritorious achievement from July 1969 to July 1970 * BSM Certificate for heroism on 11 January 1970 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 27 February 1969. He arrived in Vietnam on 26 July 1969. He served as a light weapons infantryman assigned to Company C, 2d Battalion, 1st Infantry Regiment, 196th Infantry Brigade, in Vietnam from 9 August 1969 to 24 July 1970. He participated in four campaigns during his assignment in Vietnam. 3. Headquarters, Americal Division, General Orders Number 3694, dated 9 April 1970, awarded him the Army Commendation Medal (ARCOM) with "V" Device for heroism in the Republic of Vietnam on 11 January 1970. 4. He provided a BSM Certificate, dated 30 April 1970, showing he was awarded the BSM for heroism in ground combat in the Republic of Vietnam on 11 January 1970. 5. Headquarters, Americal Division, General Orders Number 5934, dated 10 June 1970, awarded him the BSM for meritorious achievement for the period 1 January 1970 to 30 April 1970. He provided the BSM Certificate for this award. 6. Headquarters, Americal Division, General Orders Number 7923, dated 4 July 1970, awarded him the BSM for meritorious service for the period July 1969 to July 1970. He provided the BSM Certificate for this award. 7. On 18 December 1970, he was honorably released from active duty. 8. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal (VSM) with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * ARCOM with "V" Device * BSM 9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The BSM 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. The regulation also states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the BSM. b. A bronze service star is worn on the VSM for each credited campaign. 11. 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 the 2d Battalion, 1st Infantry Regiment, was awarded the: * Valorous Unit Award (VUA) for actions during the period 11-31 August 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation during the periods 24 August to 31 December 1969 and 31 March to 30 June 1970 by DAGO Number 42, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 16 April to 25 August 1969 by DAGO Number 6, dated 1974 12. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received. DISCUSSION AND CONCLUSIONS: 1. Although the applicant claims his DD Form 214 shows two awards of the BSM, his DD Form 214 shows award of one BSM. Nevertheless, orders show he was awarded two BSMs. His DD Form 214 should be corrected to show two awards of the BSM. 2. His request for a third award of the BSM was noted. However, there are no orders for a third award of the BSM in the available records. The BSM Certificate he provided is for heroism on 11 January 1970, but orders show he was awarded the ARCOM with "V" Device for heroism in the Republic of Vietnam on 11 January 1970. In the absence of orders for the BSM with "V" Device for heroism in the Republic of Vietnam on 11 January 1970, the BSM Certificate provided by the applicant alone is not sufficient as a basis for adding this award to his DD Form 214. 3. His DD Form 214 shows the VSM with one bronze service star as an authorized award, but records show he participated in four campaigns during his assignment in Vietnam which authorizes him award of the VSM with four bronze service stars. His DD Form 214 should be corrected to show these bronze service stars. 4. His Vietnam unit was awarded the VUA during the period he was assigned. His DD Form 214 should be corrected to show this unit award. 5. His Vietnam unit was also awarded three Republic of Vietnam Gallantry Cross with Palm Unit Citations during the period he was assigned. Although he is entitled to wear only one of these unit awards, his DD Form 214 should be corrected to show three unit awards. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x_____ __x______ _x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the following awards from his DD Form 214: * BSM * VSM with one bronze service star b. adding the following awards to his DD Form 214: * BSM (2nd Award) * VSM with four bronze service stars * VUA * Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award) 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding a third award of the BSM. ___________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) AR20150004517 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004517 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1