` BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20150015472 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 BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20150015472 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 9 July 1969 through 9 February 1971, b. deleting the Vietnam Service Medal from his DD Form 214, and c. adding to his DD Form 214 the: * Army Commendation Medal with "V" Device * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Gold Star Unit Citation * Republic of Vietnam Gallantry Cross with Palm 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. BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20150015472 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Purple Heart and the Army Commendation Medal. 2. The applicant states his DD Form 214 does not reflect his Purple Heart or Army Commendation Medal. 3. The applicant provides: * General Orders (GO) Number 207, dated 21 October 1970 * Purple Heart Certificate, dated 25 October 1970 * GO Number 227, dated 22 January 1971 * Army Commendation Medal Certificate, dated 22 January 1971 * 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’s military records are not available for review in this case. Correspondence from the National Personnel Records Center (NPRC) indicates that his records were checked out by another person or agency and will not be available to the ABCMR until the records are returned to NPRC. However, the applicant provided sufficient records to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States on 9 July 1969. His records show he served in Vietnam from 30 November 1969 to 9 February 1971 and that he was assigned to the 523rd Transportation Company, 124th Transportation Battalion, 8th Transportation Group, United States Army Support Command. 4. The applicant provided GO Number 207, published by Headquarters, 67th Evacuation Hospital, Vietnam, on 21 October 1970, which awarded him the Purple Heart for wounds he sustained in action on 20 October 1970. 5. The applicant provided GO Number 227, published by Headquarters, United States Army Vietnam, on 22 January 1971, which awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 20 October 1970. 6. He was honorably released from active duty on 9 February 1971. His DD Form 214 shows he completed 1 year, 7 months, and 1 day of net active service, of which, 1 year, 2 months, and 10 days were credited as foreign service in the U.S. Army Pacific Command. His DD Form 214 also reflects the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * 2 overseas service bars REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970) * DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970 * Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971) 2. 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. This pamphlet shows that during the period in which the applicant was assigned: a. The 523d Transportation Company was cited for award of the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation for the period 23 October 1966 through 24 April 1971 by DAGO Number 24, dated 1972. b. Department of the Army General Orders (DAGO) 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to the following units: (1) Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973. (2) Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 3. Army Regulation 672-5-1 (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 of more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. DISCUSSION: 1. GO awarded the applicant the Purple Heart and the Army Commendation Medal with "V" Device. His DD Form 214 does not reflect these awards. 2. The evidence of record shows the applicant participated in three campaigns during his service in the Republic of Vietnam. However, while his DD Form 214 shows he is authorized the Vietnam Service Medal, it does not show three bronze service stars affixed to this award to indicate his campaign participation. 3. During the period of the applicant's service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not reflect these unit awards. 4. Army Regulation 672-5-1 provided that the Army Good Conduct Medal could be awarded to individuals who completed less than 3 years of active Federal service except when the period for the first award ended with the termination of a period of Federal military service of more than 1 year; the applicant meets this criteria. While the applicant's full record was not available for review in this case, there is no indication that his military service was anything other than honorable. He was awarded the Army Commendation Medal with "V" Device and was honorably separated. Awarding him the Army Good Conduct Medal (1st Award) for the period 9 July 1969 through 9 February 1971 would not be in contravention of the regulation in effect at the time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015472 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015472 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2