IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150013171 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150013171 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: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 24 November 1967 through 2 September 1969 * deleting from his DD Form 214 the Vietnam Service Medal and Bronze Star Medal and adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Purple Heart * Bronze Star Medal (2nd Award) with "V" Device * Vietnam Service Medal with 4 bronze service stars * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Mortar Bar (81 mm) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Valorous Unit 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. IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150013171 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 the Purple Heart and Bronze Star Medal with "V" Device. 2. The applicant states these medals were omitted from his DD Form 214. He was approved for reassignment and left Vietnam on 28 August 1968 and then separated on 2 September 1968. 3. The applicant provides: * General Orders (GO) Number 31, Purple Heart * GO Number 4433, Bronze Star Medal with "V" Device * GO Number 10248, Bronze Star Medal * DD Form 214 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 24 November 1967 and he held military occupational specialty 11B (Light Weapons Infantryman). 3. Headquarters, U.S. Army Training Center, Fort Polk, LA published the following Special Orders (SO), awarding the applicant various badges: * SO Number 16, on 18 January 1968, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * SO Number 80, on 29 March 1968, the Expert Marksmanship Qualification Badge with Mortar Bar (81 mm) * SO Number 16, on 18 January 1968, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 4. He served in Vietnam from on or about 5 November 1968 to 28 August 1969. He was assigned to Company D, 1st Battalion, 502nd Infantry, 101st Airborne Division. 5. SO Number 5, issued by Headquarters, 101st Airborne Division on 5 January 1969 awarded him the Combat Infantryman Badge. 6. He sustained a fragment wound to the right flank on 31 March 1969. GO Number 31, issued by Headquarters, 85th Evacuation Hospital on 22 April 1969, awarded him the Purple Heart for wounds received in action on 31 March 1969. 7. GO Number 4433, issued by Headquarters, 101st Airborne Division, on 9 May 1969, awarded him the Bronze Star Medal with "V" Device for heroism on 31 March 1969. 8. GO Number 10248, issued by Headquarters, 101st Airborne Division, on 6 August 1969, awarded him the Bronze Star Medal for meritorious service from 1 December 1968 to 31 July 1969. 9. He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 2 September 1969. His DD Form 214 shows he completed 1 year, 9 months, and 9 days of total active service with no lost time. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Bronze Star Medal * Army Commendation Medal 10. A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service. REFERENCES: 1. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial. 2. Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. He participated in the following four campaigns: * Vietnam Counteroffensive Phase V, 1 July-1 November 1968 * Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969 * Tet 69/Counteroffensive, 23 February-8 June 1969 * Vietnam Summer - Fall 1969, 9 June-31 October 1969 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 1st Battalion, 502nd Infantry Regiment from November 1968 to August 1969 in Vietnam, this unit was cited for awards of the: * Valorous Unit Award, for service from 12 March to 8 May 1969, by Department of the Army General Orders (DAGO) Number 2, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 15 August 1968 to 14 May 1969 by DAGO Number 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971 DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant the Purple Heart for wounds received in action in Vietnam. This award is not listed on his DD Form 214. 2. GO awarded him two awards of the Bronze Star Medal, one with a "V" Device for heroism. His DD Form 214 only listed one award. 3. SO awarded him the Combat Infantryman Badge. This badge is also not listed on his DD Form 214. 4. SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Mortar Bar (81 mm), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). None of these badges is listed on his DD Form 214. 5. His unit in Vietnam was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. None of these unit awards is shown on his DD Form 214. 6. He served honorably from 24 November 1967 through 3 September 1969. He served in Vietnam, attained the rank/grade of SGT/E-5, and received all "excellent" efficiency and conduct ratings throughout his military service. His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. He meets the criteria for award of the Army Good Conduct Medal. 7. He was awarded the Vietnam Service Medal and participated in four campaign during his service in Vietnam. He is eligible for award of 4 bronze service stars to be affixed to his already-awarded Vietnam Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013171 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013171 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2