BOARD DATE: 27 June 2017 DOCKET NUMBER: AR20160001858 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 BOARD DATE: 27 June 2017 DOCKET NUMBER: AR20160001858 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 * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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. BOARD DATE: 27 June 2017 DOCKET NUMBER: AR20160001858 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 following awards: * Bronze Star Medal * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2.  The applicant states he did not receive the Bronze Star Medal until after he separated from active duty and he cannot get a cemetery headstone with the Bronze Star Medal engraving without a corrected DD Form 214. 3.  The applicant provides a copy of general orders awarding him the Bronze Star Medal with certificate and an extract from Department of the Army Pamphlet  672-3 (Unit Citation and Campaign Participation Credit Register). 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 appointed as a Regular Army commissioned officer and entered active duty on 8 June 1964. He attained the rank/grade of captain on 8 January 1967. 3.  His officer efficiency reports show he served in Vietnam from on or about 13 March 1967 to 16 October 1968 while assigned to the 36th Engineer Battalion, 20th Engineer Brigade. 4.  He provided Headquarters, 20th Engineer Brigade, General Orders Number 183, dated 15 March 1969, awarding him the Bronze Star Medal for the period September 1967 to October 1968. 5.  He was honorably discharged from active duty on 18 October 1968 and transferred to the U.S. Army Reserve. 6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Ranger Tab * Parachutist Badge REFERENCES: 1.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal 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 is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of the applicant's record shows that his Vietnam service coincided with the four campaign periods listed below: * Vietnam Counteroffensive Phase III, 1 June 1967-29 January 1968 * Tet Counteroffensive, 30 January 1968-1 April 1968 * Vietnam Counteroffensive Phase IV, 2 April 1968-30 June 1968 * Vietnam Counteroffensive Phase V, 1 July 1968-1 November 1968 2.  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 36th Engineer Battalion was cited for award of the: * Meritorious Unit Commendation for the period 1 October 1967 through 31 August 1968 in Department of the Army General Orders (DAGO) Number 51, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 September 1967 through 31 May 1968 in DAGO Number 2, dated 1971 3.  DAGO 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. 4.  Army Regulation 635-5 (Separations Document), in effect at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The preparation instructions for item 24 stated to enter all awards earned for all periods of service. DISCUSSION: 1.  Headquarters, 20th Engineer Brigade, awarded the applicant the Bronze Star Medal. It is not listed on his DD Form 214. 2.  His records confirm he participated in four campaigns during his service in Vietnam and thus he is authorized four bronze service stars with his already-awarded Vietnam Service Medal. 3.  He was assigned to Vietnam during a period his unit was cited for award of the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation. These unit awards are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001858 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001858 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2