IN THE CASE OF: BOARD DATE: 29 October 2015 DOCKET NUMBER: AR20150003979 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 award of the: * Bronze Star Medal * Army Commendation Medal 2. The applicant states his DD Form 214 needs to be updated to show award of the Bronze Star Medal and Army Commendation Medal. a. He was awarded the Bronze Star Medal on 31 January 1971 by Brigadier General S____ B. B____, Commander, 101st Airborne Division (Airmobile), for service in the Republic of Vietnam during the period 1 May 1970-31 January 1971. b. He was awarded the Army Commendation Medal in November 1970 by Major General J____ J. H____, Commander, 101st Airborne Division (Airmobile), for service in the Republic of Vietnam during the period 1 May 1970-30 September 1970. 3. The applicant provides: * birth certificate * DD Form 214 * U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 04-1116309, dated 22 April 1975 * Honorable Discharge Certificate * Army Commendation Medal Certificate and Citation * two letters of commendation * Headquarters, 101st Airborne Division (Airmobile), General Orders Number 13223, dated 4 November 1970 * Bronze Star Medal Certificate and Citation * Headquarters, 101st Airborne Division (Airmobile), General Orders Number 1016, dated 2 February 1971 * Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 341, dated 7 December 1970 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 enlisted in the Regular Army on 2 May 1969. 3. He served in Vietnam during the period 11 May 1970 through 1 April 1971 and he participated in two campaigns. While serving in Vietnam, he was assigned to: * Company A, 2d Battalion, 502d Infantry Regiment, from 25 May 1970 to 28 June 1970 * Company D, 2d Battalion, 502d Infantry Regiment, from 29 June 1970 to on or about 28 March 1971 4. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 13223, dated 4 November 1970, awarded him the Army Commendation Medal for meritorious achievement in the Republic of Vietnam during the period 1 May 1970 to 30 September 1970. 5.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 1016, dated 2 February 1971, awarded him the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period 1 May 1970 to 31 January 1971. 6. His DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignments) – all "excellent" conduct and efficiency ratings * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Air Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) 7. On 2 April 1971, he was honorably released from active duty. His DD Form 214 shows he completed 1 year, 11 months, and 1 day of creditable active service and he was credited with 10 months and 21 days of foreign service. He was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Air Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 8. His records are void of a commander's disqualification that would have prevented him from being awarded the Army Good Conduct Medal (1st Award) for his period of honorable service from 2 May 1969 through 2 April 1971. 9. 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 the 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 11. 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 2d Battalion, 502d Infantry Regiment, was awarded the: * Presidential Unit Citation for the period 25 April through 25 May 1970 by Department of the Army General Order (DAGO) Number 48, dated 1971 * Presidential Unit Citation for the period 13 August through 30 August 1970 by DAGO Number 50, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by DAGO Number 6, dated 1974 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971 DISCUSSION AND CONCLUSIONS: 1. General orders awarded him the Bronze Star Medal and Army Commendation Medal. His DD Form 214 should be corrected to show these awards. 2. He served honorably during the period 2 May 1969 through 2 April 1971. He received all "excellent" conduct and efficiency ratings and his records do not contain a commander's disqualification statement. It would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award. 3. He was awarded the Vietnam Service Medal and he participated in two campaigns. His DD Form 214 should be corrected to show award of the Vietnam Service Medal with two bronze service stars. 4. He served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 should be corrected to show this award. 5. General orders awarded 2d Battalion, 502d Infantry Division, the Presidential Unit Citation (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. His DD Form 214 should be corrected to show these unit awards. BOARD VOTE: ___x____ ___x____ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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: a.  awarding him the Army Good Conduct Medal (1st Award) for the period 2 May 1969 through 2 April 1971, b.  deleting award of the Vietnam Service Medal from his DD Form 214, and c.  adding the following awards to his DD Form 214: * Bronze Star Medal * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Presidential Unit Citation (2nd Award) * 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. ABCMR Record of Proceedings (cont) AR20150003979 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003979 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1