BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150006257 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 award of the Silver Star. 2. The applicant states the Silver Star was not entered on his DD Form 214. 3. The applicant provides copies of: * General Orders Number 4506, 25th Infantry Division, dated 23 June 1968 * DD Form 214 ( Copy 4) 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. On 14 January 1966, the applicant enlisted in the Regular Army. He completed his initial training as an armor crewman. 3. On or about 27 May 1966, the applicant was assigned for duty in the Federal Republic of Germany (FRG). He served in the FRG for about 16 months. 4. On or about 27 October 1967, the applicant was assigned for duty in the Republic of Vietnam (RVN) with Headquarters and Headquarters Company, 2nd Battalion, 34th Armor Regiment, 25th Infantry Division. a. General Orders Number 4506, 25th Infantry Division, dated 23 June 1968, as provided by the applicant and filed in his Official Military Personnel File, announced his award of the Silver Star for gallantry in action on 4 May 1968. He distinguished himself by heroic action while serving as a tank commander during a coordinated attack against an estimated Viet Cong battalion near the village of Xom Lug Vien in the RVN. He bravely commanded his tank and was personally credited with killing three of the enemy and destroying two bunkers. When another tank was hit by an anti-tank rocket, seriously wounding the crew members, he ordered his tank into a covering position and fired suppressive fire enabling the wounded to be evacuated. His personal bravery, aggressiveness and devotion to duty are in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the United States Army. b. Records show the applicant was promoted to specialist five, pay grade E-5, on 1 June 1968. c. General Orders Number 7959, 25th Infantry Division, dated 6 November 1968, announced the applicant’s award of the Army Commendation Medal for meritorious service in connection with military operations against a hostile force during the period November 1967 to October 1968. 5. On or about 19 October 1968, the applicant departed the RVN and returned to the United States. 6. On 20 October 1968 the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had attained the rank of specialist five, pay grade E-5 and had completed 2 years, 9 months, and 7 days of creditable active duty service. The applicant's DD Form 214 lists his awards as: * National Defense Service Medal * Vietnam Campaign Medal * Vietnam Service Medal 7. The applicant’s DA Form 20 (Enlisted Qualification Record) is not available for review. The applicant’s records do not contain any evidence of disciplinary action. There is no evidence showing that the commander took any action to deny him the Army Good Conduct Medal (AGCM). 8. Army Regulation 600-8-22 (Military Awards), Appendix B shows that based on the applicant's dates of service in the RVN, he participated in the following four campaigns: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; and the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 9. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award is at least 1 year and ends with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows that the 2nd Battalion, 34th Armor Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48, dated in 1971 for award of the RVN Gallantry Cross with Palm Unit Citation; and in DAGO Number 51, dated in 1971 for the RVN Civil Actions Honor Medal First Class Unit Citation. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show his award of the Silver Star 2. General orders show the applicant was awarded the Silver Star for valor and the Army Commendation Medal for meritorious service. Therefore, these medals should be shown on his DD Form 214. 3. The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist five, receiving two personal decorations for both valorous and meritorious service. Furthermore, there are no indications in the available record showing he was ever disciplined. There is no evidence showing the commander ever denied him the Army Good Conduct Medal, or had reason to do so. Therefore, it is presumed that his not receiving this medal for his service was an oversight. Accordingly, it would be appropriate to award him this medal. 4. Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation. Therefore, his records should be corrected to show these foreign unit awards. 5. Records show that the applicant participated in four campaign periods during his service in the RVN. Therefore, his DD Form 214 should show he is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal. 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 for the period 14 January 1966 to 20 October 1968; b. deleting from his DD Form 214 the Vietnam Service Medal, and c. adding to his DD Form 214 – * Silver Star * Army Commendation Medal * Army Good Conduct Medal (First Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * 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) AR20140000079 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006257 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1