IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150005511 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 award of the Army Good Conduct Medal (AGCM), Vietnam Service Medal (VSM) with one (1) Silver Service Star, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar. 2. The applicant states that he was inducted into the U.S. Army on 4 December 1968 and he served in the RVN from 16 May 1969 through 7 July 1970 during five campaigns. He was assigned to Company A, 326th Engineer Battalion, 101st Airborne Division, and his unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970. He acknowledges that his military service records contain a DA Form 2627-1 (Record of Proceedings under Article 15, UCMJ [Uniform Code of Military Justice]) for misconduct; however, that alone should not disqualify him for award of the AGCM because he served honorably on active duty and in the U.S. Army Reserve (USAR). He states that his service record supports his entitlement to the above awards and decorations. He adds that his DD Form 214 should be corrected to show all of his authorized awards. 3. The applicant provides copies of the following documents: * a self-authored statement (summarized above) * DA Form 20 (Enlisted Qualification Record) * DD Form 214 * USAR discharge orders * DA Form 2627-1 * National Personnel Records Center (NPRC) letter * extracts of award criteria 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 U.S. Army on 4 December 1968. Upon completion of training he was awarded military occupational specialty 12B (Combat Engineer). 3. The applicant's DA Form 20 shows, in pertinent part, in: * item 29 (Qualification in Arms): * Sharpshooter, M-14 Rifle, 24 January 1969 * Expert, M-16 Rifle, 18 April 1969 * item 31 (Foreign Service), he served in Vietnam from 16 May 1969 through 7 July 1970 * item 33 (Appointments and Reductions): * Private First Class (PFC)/E-3 (Permanent), 16 May 1969 * Specialist Four (SP4)/E-4 (Temporary), 23 November 1969 * PFC/E-3, 7 April 1970 * item 38 (Record of Assignments) that he: * received all "excellent" conduct and efficiency ratings throughout his military service, except for one "unknown" efficiency rating * was assigned to Company A, 326th Engineer Battalion, 101st Airborne Division (Airmobile), from 3 June 1969 through 17 June 1970 * item 39 (Campaigns), he participated in the TET 1969 Counteroffensive campaign * item 40 (Wounds), is blank (no entries) * item 41 (Awards and Decorations): * National Defense Service Medal * VSM * RVN Campaign Medal with Device (1960) * Air Medal (2nd Award) * Army Commendation Medal * 2 Overseas Service Bars * Bronze Star Medal * Purple Heart 4. General orders (GO) issued by Headquarters, 101st Airborne Division (Airmobile), awarded the applicant the following awards: * Army Commendation Medal for meritorious achievement from 1 June 1969 to 31 October 1969 (GO Number 13664, dated 12 November 1969) * Air Medal for meritorious achievement from 5 September 1969 to 17 October 1969 (GO Number 14923, dated 17 December 1969) * Air Medal for meritorious achievement from 17 January 1970 to 1 February 1970 (GO Number 3304, dated 25 March 1970) * Bronze Star Medal for meritorious service from 1 June 1969 to 31 March 1970 (GO Number 3665, dated 1 April 1970) * Purple Heart for wounds received in action in the RVN on 25 January 1970 (GO Number 7019, dated 2 June 1970) 5. The applicant's DD Form 214 shows he entered active duty this period on 4 December 1968, was honorably released from active duty on 20 August 1970, and transferred to the USAR Control Group (Annual Training). He completed 1 year, 8 months, and 17 days of total active duty service this period that included 1 year, 1 month, and 22 days of foreign service. It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * VSM with 2 Bronze Service Stars * RVN Campaign Medal with Device (1960) * Air Medal (2nd Award) * Army Commendation Medal * 2 Overseas Service Bars * Bronze Star Medal * Purple Heart 6. A review of the applicant's military personnel record: a. revealed a DA Form 2627-1 that shows the applicant received nonjudicial punishment (NJP) for willfully disobeying a lawful order from this squad leader on 6 April 1970 and that his punishment was reduction to PFC (E-3) and forfeiture of $36.00 pay; b. failed to reveal any other adverse or derogatory information; and c. failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). 7. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant. 8. In support of his application the applicant provides copies of the following pertinent documents. a. Office of The Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 11-1339327, dated 19 November 1974, that honorably discharged the applicant from the USAR effective 1 December 1974. b. NPRC, St. Louis, MO, letter, dated 15 January 2015, that provided the applicant copies of records from his Official Military Personnel File. 9. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows Company A, 326th Engineer Battalion, was cited for award of the: * RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 in Department of the Army General Orders (DAGO) Number 43, 1970 * RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 in DAGO Number 48, 1971 11. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The VSM 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 will be awarded for wear on the VSM for participation in each credited campaign. A silver service star will be worn in lieu of five bronze service stars. b. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns: * Tet Counteroffensive 1969 (23 February - 8 June 1969) * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May - 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) DISCUSSION AND CONCLUSIONS: 1. Records show the applicant served a period of continuous, honorable active duty enlisted service from 4 December 1968 through 20 August 1970. a. He received NJP on one occasion; however, there is no evidence of any other disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He received all "excellent" conduct and efficiency ratings throughout his military service, except for one "unknown" efficiency rating, which is not disqualifying. c. During his tour of duty in the RVN, he was awarded the: * Air Medal (two awards) for meritorious achievement * Army Commendation Medal for meritorious achievement * Bronze Star Medal for meritorious service d. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award). 2. The evidence of record shows: a. the applicant qualified for award of the VSM and he participated in five campaigns during his service in Vietnam during the period 16 May 1969 through 7 July 1970. Thus, he is authorized one silver service star for wear on his already-awarded VSM; b. DAGOs awarded the applicant's unit the: * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation c. the applicant qualified for award of the: * Expert Marksmanship Qualification Badge with Rifle (M-16) Bar * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar 3. Therefore, in view of the foregoing, it would be appropriate at this time to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below. 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 4 December 1968 through 20 August 1970 (Standard Name Line: PFC, Company A, 326th Engineer Battalion, 101st Airborne Division (Airmobile), U.S. Army Vietnam); b. deleting from item 24 of his DD Form 214 the "Vietnam Service Medal w/2 Bz Service Stars;" and c. adding the following awards to item 24 of his DD Form 214: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 1 Silver Service Star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle (M-16) Bar * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar ____________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) AR20150005511 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005511 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1