IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20160011196 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 IN THE CASE OF: BOARD DATE: DOCKET NUMBER: AR20160011196 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 adding to his DD Form 214 for the period ending 12 January 1972 the Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for the Vietnam Service Medal. 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 correcting his DD Form 214 to show his rank as captain. ____________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: 13 June 2018 DOCKET NUMBER: AR20160011196 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 his rank/grade as captain/O-3 and award of the Bronze Star Medal. 2. The applicant states his DD Form 214 does not show his promotion to captain or his Bronze Star Medal. 3. The applicant provides his DD Form 214; a promotion memorandum; and a certificate, a citation, and orders for award of the Bronze Star Medal. 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. Prior to the period of service under review the applicant served in an enlisted active duty status from 22 August 1969 to 1 July 1970. He was discharged in the rank/pay grade of sergeant/E-5 on 1 July 1970 to accept a commission in the U.S. Army Reserve (USAR). 3. On 2 July 1970, he was appointed in the rank of second lieutenant in the Army of the United States (AUS), and he entered active duty on the same date. 4. He served in the Republic of Vietnam from 7 July 1971 to 9 January 1972. He served with: * Headquarters and Headquarters Company, 11th Infantry Brigade, 23rd Infantry Division, from 19 to 21 July 1971 * Company C, 1st Battalion, 52nd Infantry, 23rd Infantry Division, from 22 July to 18 October 1971 * U.S. Military Assistance Command, Vietnam (MACV), from 24 October 1971 to 8 January 1972 5. On 12 January 1972, the applicant was honorably relieved from active duty and transferred to the USAR Control Group (Annual Training). The DD Form 214 issued at that time lists his rank as first lieutenant. He completed 1 year, 6 months, and 11 days of net active service this period and 6 months and 3 days were served in Vietnam. This DD Form 214 also shows he was awarded the: * National Defense Service Medal * Vietnam Service Medal * Army Commendation Medal * Combat Infantryman Badge * Vietnam Campaign Medal * one Overseas Service Bar 6. The applicant provides General Orders (GO) Number 222, issued by MACV on 19 January 1972, showing he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from July 1971 to January 1972. 7. The applicant provides a promotion memorandum, dated 11 June 1976, showing he was promoted to captain effective 12 January 1976. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), at the time, established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service and provides the individual with documentary evidence of their military service. It states the DD Form 214 will show the active duty grade or rank and pay grade at the time of separation. 2. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. He participated in two campaigns: Consolidation I (1 July - 30 November 1971) and Consolidation II (1 December 1971 - 29 March 1972). 3. Department of the Army GO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, MACV, 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. The applicant served in Vietnam from 7 July 1971 to 9 January 1972. He was already awarded the Vietnam Service Medal and his DD Form 214 lists this medal. However, he participated two campaigns during his service in Vietnam. His DD Form 214 does not reflect two bronze service stars to represent the campaigns, in which he participated. 2. GO awarded the applicant the Bronze Star Medal and his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not reflected on his DD Form 214. 3. The applicant was relieved from active duty on 12 January 1972, at which time he held the rank/grade of first lieutenant/O-2. On 12 January 1976, he was promoted to captain. The regulation governing preparation of the DD Form 214 states the rank/grade at the time of release from active duty will be recorded on the DD Form 214. At the time of his release from active duty he had not yet been promoted to captain. As such, there is no error in the rank/grade shown on his DD Form 214 for the period ending 12 January 1972. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011196 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011196 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2