IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005212 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 his already-awarded Bronze Star Medal with "V" Device. 2. The applicant states this award was not listed on his DD Form 214, but was shown on a DA Form 1577 (Authorization for Issuance of Awards). His Bronze Star Medal with "V" Device was awarded by General Orders (GO) Number 2999. 3. The applicant provides: * DD Form 214 * DA Form 1577 * two GO 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 5 March 1968. 3. He was honorably released from active duty on 31 October 1969. His DD Form 214 shows he completed 1 year, 7 months, and 27 days of net active service. He was awarded or authorized: * Purple Heart * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 4. His available service record contains a DA Form 20 (Enlisted Qualification Record). a. Item 31 (Foreign Service) indicates he served in Vietnam from on or about 2 September 1968 to on or about 23 March 1969. He has qualifying service for three campaigns: * Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968) * Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969) * Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969) b. Item 38 (Record of Assignments) shows his conduct and efficiency ratings were all "Excellent" throughout his period of service. It also shows while in Vietnam he was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airmobile), 12th Cavalry Regiment from on or about 10 September 1968 to on or about 23 March 1969. c. Item 41 (Awards and Decorations) does not show either a Bronze Star Medal with "V" Device or an Army Good Conduct Medal (1st Award). 5. No derogatory information was found in the applicant's available service record, nor was there any indication his former commanders’ submitted documentation recommending denial of the Army Good Conduct Medal. 6. Also in his available service record are the following documents: a. GO Number 2999, dated 11 March 1969, issued by Headquarters, 1st Cavalry Division (Airmobile), awarding him the Bronze Star Medal with "V" Device. b. Letter, dated 21 June 1969, sent by Headquarters, U.S. Army Vietnam, authorizing him to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star. 7. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. It states, in pertinent part, a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 8. 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. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 9. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units during the Vietnam era. It shows the: a. 2nd Battalion (Airmobile), 12th Cavalry Regiment was awarded the Valorous Unit Award for the period 7 March 1969 to 11 March 1969, by Department of the Army General Order (DAGO) Number 5, 1973. b. 2nd Battalion (Airmobile), 12th Cavalry Regiment was also awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, by DAGO Number 42, 1972. DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant the Bronze Star Medal with "V" Device. His DD Form 214 does not reflect this award. 2. He was awarded a Vietnam Service Medal; however, none of the campaigns in which he participated are reflected. He is authorized three bronze service stars for wear on his already-awarded Vietnam Service Medal. 3. He was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star, which is not listed on his DD Form 214. 4. The unit to which he was assigned while in Vietnam received three unit awards and they are not reflected on his DD Form 214. These awards are the: * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 5. It also appears his term of service met the criteria for award of the Army Good Conduct Medal (1st Award) during the period 5 March 1968 through 31 October 1969. 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 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 amending his DD Form 214 as follows: a. awarding him the Army Good Conduct Medal (1st Award) for the period 5 March 1968 through 31 October 1969; b. deleting the Vietnam Service Medal; and c. adding the: * Bronze Star Medal with "V" Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Silver Star * Valorous Unit Award * 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) AR20150005212 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005212 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1