IN THE CASE OF: BOARD DATE: 18 October 2016 DOCKET NUMBER: AR20150013860 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 October 2016 DOCKET NUMBER: AR20150013860 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 of service from 27 March 1968 to 26 March 1970; and b. amending his DD Form 214 with an effective date of 26 March 1970 by deleting the Vietnam Service Medal and adding the: * Bronze Star Medal * Army Commendation Medal with "V" device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Bronze Star Medal with "V" Device. _____________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: 18 October 2016 DOCKET NUMBER: AR20150013860 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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 26 March 1970: * Bronze Star Medal with "V" Device * Purple Heart (3rd Award) 2. The applicant states he was told his records would catch up with him, but they never did. 3. The applicant provides his 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. On 27 March 1968, the applicant was inducted into the Army of the United States. He completed basic combat and advanced individual training and he was awarded military occupation specialty (MOS) 11B (Light Weapons Infantryman). 3. He was assigned to Vietnam from 27 August 1968 to 9 July 1969 and he served with the 1st Battalion, 6th Infantry from 12 September 1968 - 23 June 1969. He participated in three campaigns. 4. Headquarters, Americal Division issued the following general orders (GO) for the decorations indicated: * GO Number 2584, dated 15 April 1969, awarded the applicant the Purple Heart for wounds received on 25 March 1969 * GO Number 3330, dated 11 May 1969, awarded the applicant the Purple Heart (1st Oak Leaf Cluster) for wounds received on 19 April 1969 * GO Number 5970, dated 1 July 1969, awarded the applicant the Army Commendation Medal with "V" Device for action on 19 April 1969 * GO Number 6420, dated 13 July 1969, awarded the applicant the Bronze Star Medal for meritorious service from August 1968 to August 1969 5. Headquarters, 27th Surgical Headquarters GO Number 135, dated 21 June 1969, awarded the applicant the Purple Heart (2nd Oak Leaf Cluster) for wounds received on 20 June 1969. 6. There are no orders or recommendation in his Military Personnel Records Jacket (MPRJ) for the Bronze Star Medal with "V" Device. 7. On 26 March 1970, the applicant was released from active duty. He completed 2 years of active service that was characterized as honorable. His DD Form 214 shows he was awarded or is authorized the: * Purple Heart (2nd Oak Leaf Cluster) * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Marksman Marksmanship Badge with Rifle Bar 8. The applicant's DD Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his period of service. 9. There is no evidence the applicant received the first award of the Army Good Conduct Medal. There also is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal. His records do not show any indiscipline or lost time. 10. A review of the U.S. Army Human Resources Command (HRC) Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of HRC, failed to reveal orders awarding him the Bronze Star Medal with "V" Device. 11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict. This pamphlet states all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The "V" Device is worn to denote participation in acts of heroism involving conflict with an armed enemy. Effective 29 February 1964, the "V" Device was authorized for wear on the Army Commendation Medal for heroic acts or valorous deeds not warranting the award of the Bronze Star Medal with "V" Device. c. A bronze Oak Leaf Cluster is awarded to denote the second and succeeding awards of decorations (for the Air Medal). d. The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers). Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal. 2. Army Regulation 672-5-1 (Awards), in effect at the time, states the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service. It states 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, 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. 3. Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. DISCUSSION: 1. Orders in the applicant's MPRJ show he was awarded three Purple Hearts. An Oak Leaf Cluster (OLC) is awarded to denote second and subsequent awards of the Purple Heart. The original award of the Purple Heart along with two Oak Leaf Clusters denotes three Purple Hearts. His DD Form 214 shows he was awarded the Purple Heart (2nd OLC). There is no error on his DD Form 214 concerning this issue. 2. There is no evidence the applicant was awarded the Bronze Star Medal with "V" Device. He was awarded the Army Commendation Medal with "V" Device. It is plausible that while he may have been recommended for the award of the Bronze Star Medal with "V" Device the ultimate approval authority awarded him the Army Commendation Medal with "V" Device instead. 3. Orders show the applicant was awarded the Bronze Star Medal for meritorious service. 4. The applicant's records do not show indiscipline, lost time, or a record of courts-martial. He received "excellent" conduct and efficiency ratings throughout his military service and there is no record of a commander's disqualification. The evidence is sufficient to show the applicant was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 27 March 1968 - 26 March 1970 ending with the termination of a period of active Federal service. 5. Based on all units assigned in Vietnam from 8 February 1962 through 28 March 1973 having been awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the applicant is authorized this award. 6. The applicant participated in three campaigns while assigned in the Republic of Vietnam. 7. While the available evidence is insufficient for awarding the applicant a Bronze Star Medal with "V" Device, this in no way affects his right to pursue his claim for the Bronze Star Medal with "V" Device by submitting a request through his Member of Congress under the provisions of 10 USC 1130. 8. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013860 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013860 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2