IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005309 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) for the period ending 22 December 1970 to show award of the Army Commendation Medal. 2. The applicant states the Army Commendation Medal is not reflected on his DD Form 214. 3. The applicant provides a copy of his citation and certificate to accompany award of the Army Commendation Medal. 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 15 March 1968. On 21 March 1968, he was honorably discharged for immediate enlistment. He enlisted in the Regular Army on 22 March 1968. He completed training and was awarded military occupational specialty 76S (Automotive Repair Parts Specialist). 3. He served in the Republic of Vietnam during the period 19 September 1968 through 18 September 1969, where he served with Troop B, 1st Squadron, 1st Cavalry Regiment during the period 4 October 1968 to 8 September 1969. 4. The applicant's record contains General Orders Number 8060, issued by Headquarters, Americal Division on 20 August 1969, which awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force for the period September 1968 through September 1969. 5. Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as a marksman with the M-16 rifle and as a sharpshooter with the M-14 rifle. 6. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the initial award of the Army Good Conduct Medal. 7. He was honorably released from active duty on 22 December 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his service obligation. He completed 2 years, 9 months, and 8 days of total active service. The DD Form 214 he was issued at the time shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * 2 Overseas Service Bars * Marksman Marksmanship Qualification Badge 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 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. There must have been no convictions by a court-martial. 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned in the Republic of Vietnam his units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 24 August through 31 December 1969, by Department of the Army General Order Number 42, dated 1972. 10. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive Phase V * Vietnam Counteroffensive Phase VI * TET 69 Counteroffensive * Vietnam Summer-Fall 1969 DISCUSSION AND CONCLUSIONS: 1. General orders awarded him the Army Commendation Medal; however, this award is not shown on his DD Form 214. 2. Item 29 of his DA Form 20 shows he qualified as a marksman with the M-16 rifle and as a sharpshooter with the M-14 rifle. Therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) as well as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 3. The evidence of record confirms he served honorably during the period 15 March 1968 through 22 December 1970. Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service. His record does not contain a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). Therefore, it would be appropriate at this time to award him this medal for the period 15 March 1968 through 22 December 1970 and to correct his DD Form 214 to show this medal. 4. Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. 5. The record shows the applicant participated in four campaigns during his service in the Republic of Vietnam. Therefore, he is entitled to four bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars. 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 15 March 1968 through 22 December 1970; b. deleting from his DD Form 214 for the period ending 22 December 1970 "Vietnam Service Medal" and "Marksman"; and c. adding to his DD Form 214 for the period ending 22 December 1970 – * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Good Conduct Medal (1st Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal with four bronze service stars _______ _ _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) AR20150005309 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005309 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1