IN THE CASE OF: BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150016330 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: 26 January 2017 DOCKET NUMBER: AR20150016330 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: * deleting award of the Vietnam Service Medal from his DD Form 214 * adding the following awards to his DD Form 214 – * Bronze Star Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Civil Actions Medal, First Class * 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: 26 January 2017 DOCKET NUMBER: AR20150016330 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 reflect award of the Bronze Star Medal (BSM) and Republic of Vietnam Civil Actions Medal, First Class. 2. The applicant states he was awarded the BSM while in Vietnam and received notification of award of the Republic of Vietnam Civil Actions Medal, First Class, after his return to the United States. He believes their omission from his DD Form 214 was an administrative error. He earned these awards honorably serving his country and wants his family to have an official record of his service. 3. The applicant provides: * Department of Veterans Affairs email response to his inquiry * Chief of Joint General Staff, Republic of Vietnam Armed Forces, Decision Number 63, dated 5 August 1968 * BSM Certificate, dated 10 August 1968 * DD Form 214 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 ordered to active duty from the U.S. Army Reserve on 10 August 1966. 3. His DA Form 66 (Officer Qualification Record) shows he served in Vietnam from 1 August 1967 through 18 May 1968 where he was assigned to the 257th Dental Detachment and from 19 May 1968 through 23 July 1968 where he was assigned to the 257th Medical Detachment. He participated in four campaigns. 4. His records contain Headquarters, 1st Infantry Division, General Orders Number 7237, dated 23 July 1968, awarding him the BSM for meritorious achievement in the Republic of Vietnam from 1 December 1967 through 1 May 1968. 5. He provided a BSM Certificate, dated 10 August 1968, awarding him the BSM for meritorious achievement in in the Republic of Vietnam from 1 December 1967 through 1 May 1968. 6. He also provided Chief of Joint General Staff, Republic of Vietnam Armed Forces, Decision Number 63, dated 5 August 1968, awarding him the Civil Actions Medal, First Class, for providing dental examinations and medical supplies to the Vietnamese people from May 1967 through December 1967. 7. He was relieved from active duty and returned to the control of the U.S. Army Reserve Control Group (Annual) on 4 August 1966. He completed 1 year, 11 months, and 25 days of total active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Army Commendation Medal * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states a bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign. 2. Department of the Army General Orders Number 8, dated 1974, awarded 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. Headquarters, 1st Infantry Division, awarded him the BSM. His DD Form 214 does not reflect this award. 2. The Chief of Joint General Staff, Republic of Vietnam Armed Forces, decision awarded him the Republic of Vietnam Civil Actions Medal, First Class. His DD Form 214 does not reflect this award. 3. Department of the Army general orders awarded all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. His DD Form 214 does not show this unit award. 4. He was awarded the Vietnam Service Medal. His records reflect he participated in four campaigns and is authorized four bronze service stars with the Vietnam Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016330 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016330 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2