IN THE CASE OF: BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150014848 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: AR20150014848 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 (AGCM) (1st Award) for the period 19 August 1965 through 15 June 1967; and b. adding to his DD Form 214: * Purple Heart * AGCM (1st Award) * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Vietnam Service Medal with one bronze service star * Meritorious Unit Commendation * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * National Defense Service Medal _____________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: AR20150014848 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 following: * Purple Heart (PH) * Vietnam Service Medal (VSM) * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * National Defense Service Medal (NDSM) 2. The applicant states the above decorations were not added to his DD Form 214 when he discharged from Fitzsimons Hospital, Colorado. 3. The applicant provides a certificate and orders awarding him the PH. 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 19 August 1965. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), he served a tour of duty in the RVN beginning on 28 July 1966 * item 38 (Record of Assignments), he was assigned to Company B, 1st Engineer Battalion in the RVN from 1 August 1966 to 27 February 1967 * item 38, he received "excellent" conduct and efficiency ratings throughout his service, with an exception of two brief periods in which he received "unknown" efficiency ratings * item 41 (Awards and Decorations), NDSM, VSM, PH, RVN Campaign Medal with Device (1960), "Rifle Badge" 4. General Orders Number 2888, issued by Headquarters, 1st Infantry Division, dated 6 November 1996, awarded him the PH for wounds received in connection with military operations against a hostile force on 4 November 1966. 5. On 15 June 1967, he was honorably released from active duty after completing 1 year, 9 months, and 27 days of total active service. His DD Form 214 shows he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 6. His record is void of documentation showing he was the subject of any court-martial convictions during his active service. There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, states the Army Good Conduct Medal is awarded: a. To individuals who distinguish themselves by their conduct, efficiency, and fidelity. There is no right or entitlement to the medal until the immediate commander has made positive recommendation for its award, and until the awarding authority has announced the award in General Orders. b. For each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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. 2. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign listed in appendix B. His service in Vietnam coincided the Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) campaign. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows Company B, 1st Engineer Battalion was cited for the following awards: a. The Meritorious Unit Commendation (MUC) for the period 3 June 1966 through 15 April 1967, by Department of the Army General Order (DAGO) 10, dated 1968. b. The RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970, by DAGO 53, dated 1970. c. The RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968, by DAGO 21, dated 1969. DISCUSSION: 1. The applicant was awarded the PH; however, this award is not listed on his DD Form 214. 2. The available evidence shows he was authorized the NDSM and RVN Campaign Medal with Device (1960). These medals are not listed on his DD Form 214. 3. Records also show he was awarded the VSM and he participated in one campaign. The VSM with one bronze service star is not shown on his DD Form 214. 4. Additionally, the available evidence shows he received "excellent" conduct and efficiency ratings for each duty assignment with "Unknown" ratings noted during two brief periods. He also served during a qualifying period for award of the AGCM. There is no evidence of a commander's disqualification for award of the AGCM or any convictions by a court-martial. The AGCM is not listed on his DD Form 214. 5. He served in a unit in Vietnam during a period for which the unit was awarded the MUC, RVN Civil Actions Honor Medal First Class Unit Citation, and the RVN Gallantry Cross with Palm Unit Citation. These unit awards are not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014848 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014848 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2