BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150016966 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150016966 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 from item 24 of his DD Form 214 the "VSM" and b. adding the following awards to item 24 of his DD Form 214: * Vietnam Service Medal with 4 Bronze Service Stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) 2. The Board further determined 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 award(s) of the Bronze Star Medal. ___________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: 11 April 2017 DOCKET NUMBER: AR20150016966 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his authorized awards, including the Bronze Star Medal (BSM) and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation. 2. The applicant states he was inducted into the U.S. Army and assigned to the 4th Battalion, 3rd Infantry Regiment (RVN), from August 1969 to September 1970. He was awarded two awards of the BSM (i.e., BSM with 1st Oak Leaf Cluster) and "documentation can be found in his military orders [records]." He also states that his unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation in Department of the Army General Order (DAGO) Number 8 (1974). He adds that he learned about the awards from an Army veteran who served with him in the same unit during the same timeframe. 3. The applicant provides a copy of his 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 inducted into the U.S. Army on 3 February 1969. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service): Vietnam from 9 August 1969 to 5 September 1970 * item 38 (Record of Assignments) – * 23rd Administration Company, Replacement Detachment, from 19 August through 29 August 1969 * Company C, 4th Battalion, 3rd Infantry, 11th Brigade, from 30 August 1969 through 1 September 1970 * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * RVN Campaign Medal with Device (1960) * Army Good Conduct Medal (1st Award) * Army Commendation Medal * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar 4. The applicant's DD Form 214 shows he was honorably released from active duty on 5 September 1970 as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training). He had completed 1 year, 7 months, and 3 days of total active service this period that included 1 year and 26 days of foreign service. It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Army Good Conduct Medal * 2 Overseas Service Bars * Army Commendation Medal * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar * RVN Campaign Medal * Combat Infantryman Badge 5. A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded the BSM. This review also failed to reveal evidence of any recommendation(s) for award of the BSM. 6. A request for review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to return any BSM award orders pertaining to the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. 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. An oak leaf cluster is authorized for wear for each additional award of the BSM. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. c. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following 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) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. It shows that during the applicant's period of assignment to Company C, 4th Battalion, 3rd Infantry, the battalion was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 24 August 1969 to 31 December 1969 and from 31 March 1970 to 30 June 1970 in DAGO Number 42 (1972). b. It also shows that DAGO Number 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. c. The pamphlet further shows that not more than one RVN Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period, only one award will be recorded in official military records. 3. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation. The instructions for item 24 show, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein. DISCUSSION: 1. The applicant contends that his military service records should be corrected to show all of his authorized awards, including two awards of the BSM and the RVN Gallantry Cross with Palm Unit Citation. 2. There is no evidence of record, and the applicant provides insufficient evidence, to show that he was recommended for or awarded the BSM. 3. The evidence of record shows: a. The applicant qualified for award of the VSM, he participated in four campaigns during his service in Vietnam, and he is authorized four bronze service stars for wear on his already-awarded VSM. b. General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation on three occasions. However, the evidence of record shows that one of the unit awards was a duplicate award covering the same period and will not be recorded in his official military records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016966 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016966 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2