BOARD DATE: 14 February 2017 DOCKET NUMBER: AR20150015721 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: 14 February 2017 DOCKET NUMBER: AR20150015721 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 18 April 1968 through 5 February 1970; b.  deleting award of the Bronze Star Medal, Air Medal, and Vietnam Service Medal from his DD Form 214; c.  adding the following awards to his DD Form 214: * Bronze Star Medal with "V" Device and 2nd Oak Leaf Cluster * Air Medal (2nd Award) * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) ______________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: 14 February 2017 DOCKET NUMBER: AR20150015721 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 2nd Oak Leaf Cluster. 2. The applicant states, in effect, his DD Form 214 does not properly show his awards. 3. The applicant provides: * Headquarters, 25th Infantry Division, General Orders Number 12219, dated 29 September 1969 * Headquarters, 25th Infantry Division, General Orders Number 14207, dated 16 November 1969 * Headquarters, 25th Infantry Division, General Orders Number 2210, dated 26 February 1970 * National Personnel Records Center letter, dated 23 February 2015 * DD Form 214 * three Bronze Star Medal Certificates * two Bronze Star Medal Citations 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 18 April 1968. 3. Headquarters, U.S. Army Training Center, Armor, Special Orders Number 170, dated 18 June 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. Headquarters, 2d Combat Support Training Brigade, Special Orders Number 91, dated 8 July 1968, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar. 5. Headquarters, U.S. Army Training Center, Armor, Special Orders Number 44, dated 13 February 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 6. He served in Vietnam during the period 22 May 1969 to 21 May 1970 and he participated in three campaigns. While serving in Vietnam, he was assigned to Headquarters and Headquarters Company, 1st Battalion (Mechanized), 5th Infantry Regiment, 25th Infantry Division. 7. He provided Headquarters, 25th Infantry Division, General Orders Number 12219, dated 29 September 1969, awarding him the Bronze Star Medal for meritorious achievement in the Republic of Vietnam during the period 1 July 1969 to 31 August 1969. He also provided the Bronze Star Medal Certificate and Citation for this award. 8. Headquarters, 25th Infantry Division, Special Orders Number 13378, dated 25 October 1969, awarded him the Air Medal for the period 12 July 1969 to 4 September 1969. 9. He provided Headquarters, 25th Infantry Division, General Orders Number 14207, dated 16 November 1969, awarding him the Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 22 October 1969. He also provided the Bronze Star Medal Certificate for this award. 10. Headquarters, 25th Infantry Division, Special Orders Number 15514, dated 22 December 1969, awarded him the Air Medal (2nd Award) for the period 6 September 1969 to 10 November 1969. 11. He provided Headquarters, 25th Infantry Division, General Orders Number 2210, dated 26 February 1970, amending General Orders Number 922, same headquarters, to show award of the Bronze Star Medal with 2nd Oak Leaf Cluster. He also provided the Bronze Star Medal Certificate and Citation for this award. 12. On 5 February 1970, he was honorably released from active duty. His DD Form 214 shows he completed 1 year, 9 months, and 19 days of creditable active military service. His DD Form 214 shows the following awards: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Vietnam Service Medal * Army Commendation Medal * Bronze Star Medal * Air Medal * Purple Heart 13. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings. His records are void of documentation showing he was awarded the Army Good Conduct Medal. There is no evidence of any derogatory information or a commander's disqualification precluding him from being recommended for or awarded the first award of the Army Good Conduct Medal. 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 participation in each credited campaign. 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 Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows 1st Battalion, 5th Infantry Regiment, was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Order Number 5, dated 1973, for the period 1 September 1968 through 30 September 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in Department of the Army General Orders Number 51, dated 1971, for the period 1 January 1966 through 21 January 1970 DISCUSSION: 1. The evidence of record shows he was awarded the Bronze Star Medal with "V" Device and 2nd Oak Leaf Cluster (indicating three awards). His DD Form 214 does not show the "V" Device or three awards. 2. Special orders awarded him the Air Medal (2nd Award). His DD Form 214 does not show a second Air Medal. 3. He served honorably during the period 18 April 1968 through 5 February 1970 for a total of 1 year, 9 months, and 18 days of creditable active service. He received "excellent" conduct and efficiency ratings with no disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal (1st Award). His DD Form 214 does not show this award. 4. He participated in three campaigns while serving in Vietnam. His award of the Vietnam Service Medal does not show his campaign participation. 5. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 does not show this badge. 6. Special orders awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar. His DD Form 214 does not show this badge. 7. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 does not show this badge. 8. General orders awarded the unit to which he was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His DD Form 214 does not show these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015721 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015721 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2