IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150004480 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 two Bronze Star Medals and, in effect, an Army Commendation Medal (requested as a "Meritorious Achievement Award" in his application). 2. The applicant states without including the requested awards on his DD Form 214, veterans? benefits become difficult. 3. The applicant provides: * two certificates and citations for awards of the Bronze Star Medal * certificate and citation for award of the Army Commendation Medal * DD Form 214 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 inducted into the Army of the United States on 9 April 1968 and he held military occupational specialty 71B (Clerk Typist). 3. Item 29 (Qualifications in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he fired marksman with the M-14 rifle on 21 May 1968 and expert with the M-16 rifle on 12 August 1968. 4. He served in Vietnam from 17 September 1968 to 9 September 1969. He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry Regiment. While in Vietnam, Headquarters, 101st Airborne Division published the following general orders (GO) announcing awards for the applicant: * GO Number 3098, on 7 April 1969, the Army Commendation Medal for meritorious achievement from 1 October 1968 to 28 February 1969 * GO Number 8626, on 10 July 1969, the Bronze Star Medal for meritorious service from 1 October 1968 to 31 May 1969 * GO Number 14021, on 20 November 1969, the Bronze Star Medal (2nd Award) for meritorious achievement from 1 June 1969 to 30 August 1969 5. He provides the certificates and citations for all three awards. 6. He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 9 January 1970. He completed 1 year, 9 months, and 1 day of active service with no lost time. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar 7. A review of his service record shows no derogatory information such as lost time or court-martial conviction on file. Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service. 8. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of at least 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 9. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam, campaign participation credit was awarded for four named campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69/Counteroffensive (23 February - 8 June 1969) * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) 10. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 2nd Battalion, 327th Infantry Regiment in Vietnam from 17 September 1968 to 9 September 1969, this unit was cited for the: * Republic of Vietnam Gallantry Cross w/Palm Unit Citation for service from 19 July 1968 to 14 may 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for service from 18 March 1968 to 20 May 1970, by DAGO Number 48, dated 1971 DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant two Bronze Star Medals which were not listed on his DD Form 214. 2. He provides a certificate and citation confirming award of the Army Commendation Medal for meritorious achievement from 1 October 1968 to 28 February 1969. This award, as confirmed by GO Number 3098, dated 7 April 1969, is already shown on his DD Form 214. No correction is necessary. 3. He was awarded the Vietnam Service Medal. He also participated in four campaigns during his service in Vietnam. He meets the criteria for four bronze service stars for wear on his already-awarded Vietnam Service Medal. 4. He met the criteria for award of the Army Good Conduct Medal by serving honorably from 9 April 1968 through 9 January 1970, serving in Vietnam, attaining the rank/grade of SP5/E-5, and receiving all "excellent" conduct and efficiency ratings throughout his military service. His record contains no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. 5. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. Neither unit award is listed on his DD Form 214. 6. He qualified with two weapons, the M-14 (marksman) and the M16 (expert). His DD Form 214 lists the Marksman Marksmanship Qualification Badge with Rifle Bar but does not specify the specific weapon. As matter of clarity, both badges should be clearly listed on 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 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 9 April 1968 through 9 January 1970 * deleting from his DD Form 214 the Vietnam Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar * adding the: * Bronze Star Medal (2nd Award) * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) __________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) AR20150004480 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004480 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1