IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005146 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 the Bronze Star Medal and Army Good Conduct Medal. 2. The applicant states he was awarded the Bronze Star Medal on 15 September 1970; he was also awarded the Army Good Conduct Medal but he cannot find the citation. Neither of these awards are listed on his DD Form 214. 3. The applicant provides his DD Form 214, orders, a citation, and a certificate. 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 23 April 1969. He attained the rank/grade of sergeant (SGT)/E-5 on 3 May 1970. He served in Vietnam from 19 September 1969 to 18 September 1970 while assigned to Company A, 1st Battalion, 5th Cavalry Regiment. 3. He provides and his record contains General Orders (GO) Number 15130, dated 15 September 1970, issued by Headquarters, 1st Cavalry Division, awarding him the Bronze Star Medal. 4. He was honorably released from active duty on 3 February 1971 in the rank of SGT and he was transferred to the U.S. Army Reserve. He completed 1 year, 9 months, and 11 days of total active service with no lost time. 5. The DD Form 214 he was issued shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal * Combat Infantryman Badge * Purple Heart * Army Commendation Medal * Air Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 6. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all ?excellent? conduct and efficiency ratings throughout his service. Item 41 (Awards and Decorations) shows, in part, award of the Army Commendation Medal with ?V? Device and Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 7. His record is void of orders awarding him the Army Good Conduct Medal. His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award). 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 less than 3 years but more than 1 year. The enlisted person must have had all ?excellent? conduct and efficiency ratings and no convictions by a court-martial. 9. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of the applicant's records shows that during his service in Vietnam he participated in four campaigns. 10. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 5th Cavalry Regiment, was cited for award of the: * Valorous Unit Award for the period 1 May through 29 June 1970, by DAGO Number 43, dated 1972 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970, by DAGO Number 42, dated 1972 DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant the Bronze Star Medal and his record shows he was awarded the Army Commendation Medal with “V” Device and Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) while his DD Form 214 only shows the Army Commendation Medal. 2. He served honorably from 23 April 1969 to 3 February 1971. He served in Vietnam, attained the rank of SGT, and received all “excellent” conduct and efficiency ratings throughout his military service. His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). He meets the criteria for award of the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service. 3. His record confirms he participated in four campaigns during his service in Vietnam. He is authorized two additional bronze service stars for wear on his already-awarded Vietnam Service Medal. 4. GO awarded his unit in Vietnam the Valorous Unit Award and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation during the period he was assigned to the unit. His DD Form 214 does not 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 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: * awarding the applicant the Army Good Conduct Medal (1st Award) for the period 23 April 1969 through 3 February 1971 * deleting from his DD Form 214 the Vietnam Service Medal with 2 bronze service stars and Army Commendation Medal * adding to his DD Form 214 the: * Bronze Star Medal * Army Commendation Medal with “V” Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 4 bronze service stars * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) _______ _ 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) AR20150005146 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005146 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1