IN THE CASE OF: BOARD DATE: 7 August 2014 DOCKET NUMBER: AR20130022372 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) by adding the Purple Heart, Bronze Star Medal with "V" Device, and Army Commendation Medal. 2. He states he was awarded the medals but the Army failed to list them on his DD Form 214. 3. The applicant provides: * Bronze Star Medal with "V" Device orders * Army Commendation Medal orders * citation for the Army Commendation Medal * a document showing wounds received in Vietnam 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. He was inducted into the Army of the United States on 27 August 1968. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. A DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 24 January 1969 through 20 January 1970 and was assigned to Company C, 1st Battalion, 52nd Infantry, 198th Infantry Brigade. He also received all "excellent" ratings in conduct and efficiency. 4. He provided General Orders Number 11489, dated 7 November 1969, which show he was awarded the Bronze Star Medal with "V" Device for heroism against a hostile force in Vietnam on 15 August 1969. 5. The applicant's record contains General Orders Number 12549, dated 11 December 1969, that award him the Bronze Star Medal (First Oak Leaf Cluster) (hereafter 2nd Award) for meritorious service in Vietnam from January 1969 to January 1970. 6. He provided General Orders Number 26, dated 1 January 1970, awarding him the Army Commendation Medal for meritorious achievement in Vietnam on 15 September 1969. 7. His record contains General Orders Number 470, dated 13 January 1970, awarding him the Purple Heart for wounds received on 12 July 1969. 8. He was released from active duty on 5 June 1970 with an honorable characterization of service. He had completed 1 year, 9 months, and 9 days of total active service. His DD Form 214 shows he was awarded the: * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Bronze Star Medal (2nd Award) 9. His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal. He has no record of nonjudicial punishment (NJP) or court-martial conviction. 10. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. There must have been no convictions by a court-martial. 11. 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 each campaign a member is credited with participating in. The applicant participated in four campaigns during his tour in Vietnam. 12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. During the applicant's tour of duty, his unit earned the RVN Gallantry Cross with Palm Unit Citation for the period 24 August to 31 December 1969 by Department of the Army General Orders Number 42, dated 1972. DISCUSSION AND CONCLUSIONS: 1. His record contains general orders awarding him the Bronze Star Medal with "V" Device and the Bronze Star Medal (2nd Award). Therefore, he is entitled to correction of his DD Form 214 to show these two awards. 2. General orders also awarded him the Purple Heart and the Army Commendation Medal that should be listed on his DD Form 214. 3. The applicant served a period of honorable service from 27 August 1968 to 5 June 1970. He received all "excellent" ratings in conduct and efficiency and had no record of NJP or court-martial conviction. As such, he is entitled to the first award of the Army Good Conduct Medal and addition of this award to his DD Form 214. 4. His unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. Therefore, he is entitled to addition of this unit award to his DD Form 214. 5. The applicant participated in four campaigns during his tour in Vietnam. He is entitled to addition of four bronze service stars to his previously-awarded Vietnam Service Medal and correction of his DD Form 214. BOARD VOTE: ___X____ ___X____ ___X____GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 27 August 1968 to 5 June 1970; b. deleting the Bronze Star Medal (2nd Award) and Vietnam Service Medal from his DD Form 214; and c. adding to his DD Form 214 the following: * Army Good Conduct Medal (1st Award) * Bronze Star Medal (2nd Award) with "V" Device * Purple Heart * Army Commendation Medal * Vietnam Service Medal with four bronze service stars * RVN 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. ABCMR Record of Proceedings (cont) AR20130022372 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130022372 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1