IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004582 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show any and all missing awards, to include: * Army Good Conduct Medal (1st Award) * Republic of Vietnam Cross of Gallantry with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Unit Citation, First Class * Armed Forces Expeditionary Medal 2. The applicant states, in effect, these awards should be added because they were omitted. 3. The applicant provides his DD Form 214 for the period ending 18 June 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 was inducted into the Army of the United States on 19 June 1968. 3. He was honorably released from active duty on 18 June 1970. His DD Form 214 shows he completed 2 years of total active service. a. Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists: * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Air Medal * Purple Heart * Army Commendation Medal * Bronze Star Medal b. Block 30 (Remarks) states he served in Vietnam from 19 November 1968 to 18 November 1969. This period confirms he has qualifying service for four campaigns: 4. His available service record contains a DA Form 20 (Enlisted Qualification Record). a. Item 38 (Record of Assignments) shows the applicant's conduct and efficiency ratings were all "Excellent" throughout his period of service. It also shows, while in Vietnam, he was assigned to Company C, 1st Battalion (Airmobile), 501st Infantry Regiment, from on or about 6 December 1968 to on or about 12 November 1969. b. Item 41 (Awards and Decorations) shows the award of the Bronze Star Medal (1st Award). 5. A further review of his service record reveals: a. General Orders (GO) Number 10687, dated 18 August 1969, issued by Headquarters, 101st Airborne Division (Airmobile), awarded him the Bronze Star Medal for meritorious service during the period 1 December 1968 to 31 July 1969. b. GO Number 14763, dated 13 December 1969, issued by Headquarters, 101st Airborne Division (Airmobile), awarded him the Bronze Star Medal with "V" Device for heroism on 21 May 1969 while participating in ground combat. c. No derogatory information was found in the applicant's available service record. 6. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. It states: a. The Armed Forces Expeditionary Medal is awarded for qualifying service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive). Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation then requires that the Armed Forces Expeditionary Medal be removed from the records of the individual. No person will be entitled to both awards for Vietnam service. b. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 7. 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. 8. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. Company C, 1st Battalion (Airmobile), 501st Infantry Regiment was awarded the Valorous Unit Award for the period 17 April 1969 to 7 May 1969, by DAGO Number 2, dated 1971. b. The 1st Battalion (Airmobile), 501st Infantry Regiment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970, by DAGO Number 48, dated 1971. c. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974. DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant two Bronze Star Medals, one of which was with a "V" device. His DD Form 214 for the period ending 18 June 1970 only reflects one award of the Bronze Star Medal. 2. He was awarded a Vietnam Service Medal with three bronze service stars. However, he participated in four campaigns. As such, it would be appropriate to amend his DD Form 214 to show the additional bronze service star. 3. While assigned to Company C, 1st Battalion (Airmobile), 501st Infantry Regiment, his unit received three unit awards which are not reflected on his DD Form 214: * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, * Republic of Vietnam Gallantry Cross with Palm Unit Citation 4. It also appears his term of service met the criteria for award of the Army Good Conduct Medal (1st Award) during the period 19 June 1968 through 18 June 1970. It would be appropriate to award him this medal and correct his DD Form 214 to show this award. His records revealed the following: * there is no derogatory information in his available record * he received all "excellent" ratings for conduct and efficiency throughout his term of service 5. He requests to be awarded the Armed Forces Expeditionary Medal for his service in Vietnam. A review of the regulatory requirements, however, indicates the period for this award predates when he arrived in Vietnam (1 July 1958 and 3 July 1965 (inclusive)). Additionally, the regulation does not permit both the award of the Armed Forces Expeditionary Medal and the Vietnam Service Medal for service in Vietnam. Thus, he does not appear to be eligible to receive this award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 amending his DD Form 214 for the period ending 18 June 1970 as follows: a. Awarding him the Army Good Conduct Medal (1st Award) for the period 19 June 1968 through 18 June 1970. b. Deleting the Vietnam Service Medal with three bronze service stars. c. Adding the following awards: * Bronze Star Medal (2nd Award) and with "V" Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined that 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 the award of the Armed Forces Expeditionary Medal. __________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) AR20150004582 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004582 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1