IN THE CASE OF: BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20160003408 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: 21 November 2017 DOCKET NUMBER: AR20160003408 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 amending his DD Form 214 for the period ending 31 October 1998 as follows: a. Delete from item 18 the entries "Bronze Star Medal with Combat Distinguished Device 'V,'" "Bronze Star Medal," "Army Commendation Medal (3rd Award)," and "Vietnam Service Medal with six bronze service stars." b. Add the entries "Bronze Star Medal (3rd Award) with "V" Device," "Army Commendation Medal (4th Award)," and "Vietnam Service Medal with one silver service star and one bronze service star." __________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: 21 November 2017 DOCKET NUMBER: AR20160003408 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 (Certificate of Release or Discharge from Active Duty) to show he was awarded the following awards: * Silver Star * Bronze Star Medal (3rd Award) * Army Commendation Medal (4th Award) 2. The applicant states that the awards were presented after his retirement for his service in Vietnam. 3. The applicant provides: * Silver Star Certificate, dated 26 July 2012 * Bronze Star Medal Certificate, dated 1 September 2011 * Army Commendation Medal Certificate, dated 1 September 2011 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. After completing over 20 years of total active service and over 10 years of total inactive service, the applicant retired from the Regular Army on 31 October 1998. 3. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards: * Legion of Merit * Bronze Star Medal with Combat Distinguished Device "V" * Bronze Star Medal * Purple Heart (3rd Award) * Meritorious Service Medal (3rd Award) * Army Commendation Medal (3rd Award) * Air Force Commendation Medal * Army Achievement Medal (3rd Award) * Presidential Unit Citation (Army-Air Force) (3rd Award) * Presidential Unit Citation (South Vietnam) * Valorous Unit Award * Meritorious Unit Commendation * Army Good Conduct Medal * Army Reserve Components Achievement Medal (3rd Award) * National Defense Service Medal (2nd Award) * NATO Medal * Armed Forces Expeditionary Medal (3rd Award) * Vietnam Service Medal with six bronze service stars * Southwest Asia Service Medal with two bronze service stars * Armed Forces Reserve Medal * Army Service Ribbon * Overseas Service Ribbon * Republic of Vietnam Gallantry Cross with Palm Unit Citation * United Nations Medal * Republic of Vietnam Campaign Medal * Combat Infantryman Badge * Master Parachutist Badge * Military Freefall Jumpmaster Badge * Ranger Tab * Special Forces Tab * Combat Scuba Diver Badge 4. The applicant's record contains General Orders Number 78, dated 20 January 1969, awarding the applicant the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 11 November 1968. His record contains a citation showing he was awarded the Bronze Star Medal (2nd Award) for outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 13 May 1968 to 14 June 1969. 5. The applicant provides a Bronze Star Medal Certificate that shows he was awarded the Bronze Star Medal in Permanent Order 244-12, dated 1 September 2011, for meritorious achievement as an Operations Officer from 1 February 1968 to 2 July 1968. 6. The applicant provides an Army Commendation Medal Certificate that shows he was awarded the Army Commendation Medal in Permanent Order 244-11, dated 1 September 2011, for meritorious achievement while serving as the "Hatchet" Force Commander from 2 July to 30 November 1968. The available records are void of any of the previous orders awarding him the Army Commendation Medal. 7. On 29 August 2012, the applicant was issued a DD Form 215 (Correction to DD Form 214) amending his DD Form 214 to add the Silver Star. REFERENCES: Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The evidence of record shows his DD Form 214 was amended on 29 August 2012 to add the award of the Silver Star. It also shows that he received three awards of the Bronze Star Medal, which are not all reflected on his DD Form 214. 2. The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal with six bronze service stars. A silver service star is authorized in lieu of five bronze service stars. The entry on his DD Form 214 should read "Vietnam Service Medal with one silver service star and one bronze service star." 3. The certificate the applicant provided shows he was awarded the Army Commendation Medal in Permanent Order 244-11. The certificate and orders were issued in 2011, several years after he had retired. Presuming regularity in the preparation of his DD Form 214, which shows three awards of the Army Commendation Medal, it appears he was, in fact, awarded a fourth award of this decoration that is 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) AR20160003408 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003408 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2