IN THE CASE OF: BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150011594 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: 7 July 2016 DOCKET NUMBER: AR20150011594 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 as follows: a. deleting the Vietnam Service Medal from his DD Form 214, and b. adding the following awards to his DD Form 214: * Bronze Star Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation _____________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. IN THE CASE OF: BOARD DATE: 7 July 2016 DOCKET NUMBER: AR20150011594 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 Bronze Star Medal (BSM). 2. He states he was awarded the BSM in Vietnam. 3. The applicant provides his DD Form 214 with a separation date of 19 May 1972. 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. On 26 September 1969 the applicant entered active duty as a commissioned officer in the U.S. Army Reserve. 3. He was assigned to duty in the Republic of Vietnam (RVN) from 2 August 1971 to 13 May 1972 with the 45th Military Intelligence Company, Combined Intelligence Center, Vietnam (CIC-V). 4. On 11 March 1972, Headquarters, U.S. Army Vietnam, issued General Orders Number 518 and 520, which awarded him the BSM for service in the RVN from August 1971 to March 1972. Both orders cover the same period of service. 5. He was released from active duty on 19 May 1972 and his DD Form 214 shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * Army Commendation Medal REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. For meritorious service awards, the cited period is limited to the period of service during which the individual served under the recommending command, except for retirement awards. Further, only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service. b. A bronze service star is worn on the appropriate service ribbon for each credited campaign to include the VSM. During the applicant’s period of service in Vietnam, he participated in the following campaigns: * Consolidation I (1 July 1971 - 30 November 1971) * Consolidation II (1 December 1971 - 29 March 1972) * Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973) 2. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. Two general orders awarded the applicant the BSM for meritorious service in the RVN for the same period of service. By regulation, an individual is only authorized one decoration for a specified period of service. Notwithstanding the two separate orders, the evidence supports correcting his DD Form 214 to show one BSM. 2. He was assigned to a unit in Vietnam during a period for which the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation. 3. His RVN service coincided with three campaigns; therefore, he is authorized three bronze service stars for wear on his previously-awarded VSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011594 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011594 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2