IN THE CASE OF: BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150014768 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 December 2016 DOCKET NUMBER: AR20150014768 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 3 February 1969 through 5 September 1970, b.  deleting his previously awarded Bronze Star Medal and Vietnam Service Medal from his DD Form 214, and c.  adding the following awards to his DD Form 214 – * Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) ___________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 December 2016 DOCKET NUMBER: AR20150014768 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 Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster. 2. The applicant states, in effect, an administrative error occurred during the processing of his DD Form 214. 3. The applicant provides: * Headquarters, Americal Division, General Orders Number 6860, dated 24 June 1970 * Headquarters, Americal Division, General Orders Number 11188, dated 23 August 1970 * 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 enlisted in the Regular Army on 3 February 1969. 3. Headquarters, Second Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Special Orders Number 95, dated 9 May 1969, awarded him the Second Class Gunner (now known as Marksman) Marksmanship Qualification Badge with Machine Gun Bar (M-60). 4. He served in Vietnam during the period 9 August 1969 to 1 September 1970 and he participated in four campaigns. While in Vietnam, he was assigned as follows: * 23d Adjutant General Administration Company (Replacement Detachment) from 19 August 1969 to 27 August 1969 (student) * Company C, 3d Battalion, 21st Infantry Regiment, 196th Infantry Brigade, from 28 August 1969 to 1 September 1970 5. Headquarters, Americal Division, General Orders Number 6860, dated 24 June 1970, awarded him the Bronze Star Medal with "V" Device for exceptionally valorous actions on 25 March 1970 and for heroism in connection with ground operations against a hostile force in the Republic of Vietnam. 6. Headquarters, Americal Division, General Orders Number 11188, dated 23 August 1970, awarded him the Bronze Star Medal with 1st Oak Leaf Cluster for meritorious service in connection with military operations against a hostile force during the period September 1969 to September 1970 in the Republic of Vietnam. 7. On 5 September 1970, he was honorably released from active duty and transferred to the U.S. Army Control Group (Annual Training). His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * two overseas service bars * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Bronze Star Medal * Army Commendation Medal * Purple Heart * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 8. His DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignments) – all "excellent" conduct and efficiency ratings * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart * Bronze Star Medal with "V" Device * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. 2. 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 4.  The U.S. Army Center of Military History shows the 23d Infantry Division was formally designated as the Americal Division. DISCUSSION: 1. General orders awarded him the Bronze Star Medal with "V" Device and the Bronze Star Medal with 1st Oak Leaf Cluster. His DD Form 214 does not show his award of the Bronze Star Medal with "V" Device or 1st Oak Leaf Cluster. 2. Special orders awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60). This qualification badge is not listed on his DD Form 214. 3. He participated in four campaigns while in Vietnam. His award of the Vietnam Service Medal does not show his campaign participation. 4. General orders awarded the unit to which he was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award is not listed on his DD Form 214. 5. He served honorably during the period 3 February 1969 through 5 September 1970 and he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification for award of the Army Good Conduct 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) AR20150014768 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014768 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2