BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150015491 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 BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150015491 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 amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), by deleting the Bronze Star Medal, Army Commendation Medal, and Vietnam Service Medal, and adding the: * Bronze Star Medal with "V" Device * Army Commendation Medal with "V" Device (2nd Award) * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Valorous Unit Award * Expert Marksmanship Qualification Badge with Pistol Bar (.45 cal) * Expert Marksmanship Qualification Badge with Grenade Bar 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 correcting his DD Form 214 to show he was awarded or authorized a second Bronze Star Medal with "V" Device, a second Purple Heart, or a second 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: 26 January 2017 DOCKET NUMBER: AR20150015491 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), for the period ending 15 January 1971, to show the: * Bronze Star Medal (BSM) with "V" Device (2nd Award) * Purple Heart (2nd Award) * Army Commendation Medal (ARCOM) with "V" Device (2nd Award) * Army Good Conduct Medal (AGCM) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Valorous Unit Award * Expert Marksmanship Qualification Badge with Grenade Bar * Expert Marksmanship Qualification Badge with Pistol (.45 cal) 2. The applicant states after meeting with a Vietnam Veterans of America service officer, he noticed his DD Form 214 was missing several awards and decorations that he was awarded and earned. 3. The applicant provides: * DD Form 214, for the period ending 15 January 1971 * an extract from Department of the Army Pamphlet 672-3 (Decorations, Awards, and Honors – Unit Citation and Campaign Participation Credit Register), dated 29 January 1988 * General Orders Number 10047, issued by Headquarters, 1st Cavalry Division (Airmobile) on 12 June 1970 * General Orders Number 10612, issued by Headquarters, 1st Cavalry Division (Airmobile) on 20 June 1970 * General Orders Number 11104, issued by Headquarters, 1st Cavalry Division (Airmobile) on 23 June 1970 * DA Form 20 (Enlisted Qualification Record), audited 9 December 1970 * Permanent Orders 110-2, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO on 8 July 1988 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 3 March 1969. He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 shows in: a. Item 29 (Qualification in Arms), he qualified as an expert with the M-14 (Rifle) and M-16 (Rifle) weapon systems, and with the hand grenade. b. Item 31 (Foreign Service), he served in the Republic of Vietnam from 2 April 1970 through 13 July 1970. c. Item 38 (Record of Assignments), he served with Company H, 2nd Battalion (Rangers), 75th Infantry Regiment, 1st Cavalry Division (Airborne), during his service in the Republic of Vietnam. d. Item 40 (Wounds), the entry "GSW (gunshot wound) Left-side" dated 5 June 1970. 4. Special Orders Number 114, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Dix, Fort Dix, NJ on 24 April 1969, awarded him the Expert Marksmanship Qualification Badge with Grenade Bar. 5. General Orders Number 131, issued by Headquarters, 24th Evacuation Hospital, APO, San Francisco, on 8 June 1970, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 5 June 1970. 6. A review of his record indicates, and he provides as well, orders awarding him the ARCOM on the following occasions: * General Orders Number 10047, issued by Headquarters, 1st Cavalry Division (Airmobile) on 12 June 1970, awarded him the ARCOM with "V" Device for heroism in connection with military operations against a hostile force on 5 June 1970 * General Orders Number 10612, issued by Headquarters, 1st Cavalry Division (Airmobile) on 20 June 1970, awarded him the ARCOM with "V" Device for heroism in connection with military operation against a hostile force on 19 May 1970 7. General Orders 11104, issued by Headquarters, 1st Cavalry Division (Airmobile) on 23 June 1970, awarded him the BSM with "V" Device for heroism in connection with ground operations against a hostile force on 5 June 1970. 8. Special Orders 105, issued by Headquarters, 759th Military Police Battalion, Fort Dix, NJ on 29 December 1970, awarded him the Expert Marksmanship Qualification Badge with Pistol (.45 cal). 9. The applicant was honorably released from active duty on 8 July 1971 and transferred to the U.S. Army Reserve. His DD Form 214 shows he completed 1 year, 10 months, and 13 days of active service with 3 months and 12 days of foreign and/or sea service, and held the rank and grade of sergeant/E-5. His DD Form 214 further shows he was awarded or authorized the: * Bronze Star Medal * Purple Heart * Army Commendation Medal * Vietnam Service Medal * Vietnam Campaign Medal (known formally as the Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 10. A review of his record does not reveal any other evidence nor does he provide any evidence that indicates he was wounded twice, entitling him to a second Purple Heart, or awarded a second BSM with "V" Device prior to his release from active duty. 11. Permanent Orders 110-2, issued by U.S. Army Reserve Personnel Center, St. Louis, MO on 8 July 1988, awarded him the Army Good Conduct Medal for the period 3 March 1969 to 15 January 1971 (the duration of the time period listed on his DD Form 214). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for wound(s) sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. b. The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. c. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Table B-1 shows during his service in Vietnam, campaign participation was awarded for the following two 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 lists the awards received by units serving in Vietnam. a. This pamphlet states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received. In those instances, however, where a single unit received duplicate Vietnamese unit awards during the same period, only one will be recorded in official military personnel and historical records. As an illustration, Battery D, 5th Battalion, 2nd Artillery, was awarded the Republic of Vietnam Gallantry Cross with Palm during the following periods: 1 September 1968 to 15 March 1969 and 1 September 1968 to 30 September 1970. Members of this unit, who were assigned during either of these two periods, are eligible for only one award (emphasis added). b. This pamphlet shows the unit to which the applicant was assigned was cited for the: * Valorous Unit Award, for extraordinary heroism while engaged in military operations during the period 1 May 1970 - 29 June 1970, by Department of the Army General Orders (DAGO) Number 43, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 21 February 1970 - 28 February 1971, by DAGO Number 42, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 17 September 1965 - June 1972, by DAGO Number 54, dated 1974 3. Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge DISCUSSION: 1. The applicant's contentions and supporting documentation have been carefully reviewed and considered. 2. The applicant served a qualifying period of honorable service, from 3 March 1969 to 15 January 1971, for award of the NDSM; however, this award is not shown on his DD Form 214. 3. General orders confirm the applicant was awarded the BSM with "V" Device. He contends he was twice awarded the BSM with "V" Device; however, his records contains documentation that supports only a single award of the BSM with "V" Device. It does not reflect any additional awards of the BSM. The BSM shown on his DD Form 214 does not reflect the "V" Device. 4. A review of the applicant's record and evidence documents a single incident in which the applicant sustained wounds in action against an enemy or as a result of hostile action; therefore, only one entitlement to the Purple Heart. His DD Form 214 already reflects this award. 5. General orders awarded the applicant was awarded the ARCOM with "V" Device on two different occasions. His DD Form 214 reflects one award of the ARCOM; however, it does not reflect the "V" Device. 6. Permanent orders awarded the applicant the AGCM; however, this award is not shown on his DD Form 214. 7. The applicant participated in three campaigns during his service in Vietnam; however, his DD Form 214 shows only his previously-awarded Vietnam Service Medal without any corresponding bronze service stars to denote campaign participation. 8. General orders awarded his unit of assignment in the Republic of Vietnam the Valorous Unit Award and two Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service. However, in accordance with the applicable regulation, only one of the Republic of Vietnam Gallantry Cross with Palm Unit Citation can be awarded to an individual if they were assigned during two overlapping periods. These unit awards are not shown on his DD Form 214. 9. Special orders awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 cal) and Grenade Bar. These individual marksmanship awards are not shown 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) AR20150015491 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015491 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2