IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150006292 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: a. correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Army Commendation Medal with "V" Device; and b. correction of General Orders Number 214 to show his social security number (SSN) as it is listed in item 3 (SSN) of his DD Form 214. 2. The applicant states his records should reflect the correct information. 3. The applicant provides copies of: * his DD Form 214 * General Orders Number 214, issued by Headquarters, 9th Infantry Division on 11 January 1968 * his Army Commendation Medal Certificate that shows he was awarded the Army Commendation Medal with "V" Device on 11 January 1968 * a photograph depicting his award ceremony * a letter from Headquarters, U.S. Army Quartermaster Center and Fort Lee, Fort Lee, Virginia, dated 19 September 1968 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 10 May 1966. He completed his initial entry training and was awarded military occupational specialty 11F (Infantry Operations and Intelligence Specialist). 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 10 January 1967 through on or about 9 January 1968. Evidence further shows he served with Company E, 3rd Battalion, 47th Infantry Regiment. 4. General Orders Number 214, issued by Headquarters, 9th Infantry Division on 11 January 1968, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force on 17 October 1967. His SSN is listed as "3XX-XX-XXX9." 5. Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified as an expert with the M-16 rifle and as a 2nd class gunner (now called Marksman) with the M-60 machine gun. 6. Item 38 (Record of Assignments) of his 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 9 May 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his service obligation. He completed 2 years of total active service, including 1 year of foreign service. His DD Form 214 identifies the following: a. Item 3 lists his SSN as "2XX-XX-XXX4." b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the following awards and decorations (listed by order or precedence): * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Rifle Expert c. Item 30 (Remarks) does not indicate service in the Republic of Vietnam. 8. His official military record contains several forms that list his SSN as listed in item 3 of his DD Form 214, as he requests. 9. 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. 10. 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 unit was cited for award of the: a. Meritorious Unit Commendation, for the period 1 January through 31 December 1968, by Department of the Army General Order (DAGO) Number 36, dated 1970; b. Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 December 1966 through 30 June 1968, by DAGO Number 31, dated 1969; and c. Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 19 December 1966 through 28 June 1969, by DAGO Number 59, dated 1969. 11. 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 two campaigns: * Vietnam Counteroffensive Phase II * Vietnam Counteroffensive Phase III 12. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. Section III instructed the preparer, in pertinent part, to enter inclusive dates of service for Vietnam, for example: "Vietnam - 10 January 1967 to 9 January 1968." DISCUSSION AND CONCLUSIONS: 1. General orders awarded the applicant the Army Commendation Medal with "V" Device; however, this award is not shown on his DD Form 214. 2. The applicant served honorably during the period 10 May 1966 through 9 May 1968. 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). 3. The applicant participated in two campaigns during his service in the Republic of Vietnam. His DD Form 214 shows he was awarded or authorized the Vietnam Service Medal; however, it notation on his DD Form 214 is absent the corresponding bronze service stars that denote campaign participation. 4. Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation during his period of assignment. These unit awards are not shown on his DD Form 214. 5. Item 29 of the applicant's DA Form 20 shows he qualified as an expert with the M-16 rifle and as a marksman with the M-60 machine gun. However, his DD Form 214 does not show these levels of qualification with these respective weapons systems. 6. The applicant's service in the Republic of Vietnam as shown in item 31 of his DA Form 20 is not listed. Sufficient evidence has been presented that shows his service in the Republic of Vietnam from 10 January 1967 through 9 January 1968. 7. His official military record contains several forms that list his SSN as shown in item 3 of his DD Form 214, as he requests. 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 10 May 1966 through 9 May 1968; b. amending his DD Form 214 by deleting the "Vietnam Service Medal" and "Rifle Expert" entries and adding the: * Army Commendation Medal with "V" Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Meritorious Unit Commendation * 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 Bar (M-16) * Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) c. adding to item 30 of his DD Form 214 the entry: "Vietnam - 10 January 1967 to 9 January 1968"; and d. amending General Orders Number 214 by deleting the SSN currently shown and replacing it with the SSN listed in item 3 of his DD Form 214. _______ _ _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) AR20150006292 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006292 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1