BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150015972 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: 23 February 2017 DOCKET NUMBER: AR20150015972 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 2 July 1969 through 1 July 1971. b. Amending General Orders Number 4093, issued by Headquarters, II Field Force Vietnam, on 12 October 1970, awarding the Army Commendation Medal for service from November 1969 to November 1970, to show his SSN as "X76-46-XXXX" and issuing him a new certificate. c. Amending General Orders Number 4553, issued by Headquarters, II Field Force Vietnam, on 30 December 1970, awarding the Army Commendation Medal for achievement from 3 March to 3 July 1970, to show his SSN as "X76-46-XXXX" and issuing him a new certificate. d. Deleting from item 3 of his DD Form 214 the existing SSN and adding the SSN listed on his DD Form 398 (X76-46-XXXX). e. Deleting from item 24 of his DD form 214 the Vietnam Service Medal with 1 bronze service star and Army Commendation Medal. f. Adding to item 24 of his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Army Commendation Medal (2nd Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) ____________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: 23 February 2017 DOCKET NUMBER: AR20150015972 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 a second award of the Army Commendation Medal. 2. The applicant states he was awarded a second Army Commendation Medal in October 1971 for service at Fort Carson, CO. This was never entered in his official military records. It was dated and awarded after his separation date. He believes the omission was due to an administrative error involving the entry of the wrong social security number (SSN) on the award. The clerk used the SSN "X46-36-XXXX" instead of "X76-46-XXXX." Additionally, he was never provided the medal. 3. The applicant provides two certificates and a citation for the Army Commendation Medal. 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. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and disclosed his SSN as "X76-46-XXXX." 3. He was inducted into the AUS on 2 July 1969. His DD Form 47 (Record of Induction) listed his SSN as "X46-46-XXXX." He held military occupational specialty 13A (Field Artillery). 4. His DA Form 20 (Personnel Qualification Record) shows the SSN listed on his Record of Induction. 5. Special Orders (SO) Number 231, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY on 20 August 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 6. SO Number 242, issued by Headquarters, U.S. Army Training Center, Fort Sill, OK, on 29 October 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 7. He served in Vietnam from 27 November 1969 to 9 November 1970. He was assigned to the 2nd Squadron, 11th Armored Cavalry Regiment (ACR). 8. General Orders (GO) Number 4093, issued by Headquarters, II Field Force Vietnam, on 12 October 1970, awarded him the Army Commendation Medal for service from November 1969 to November 1970. The GO and the resultant certificate (which he provides) listed his SSN as "X46-36-XXXX." 9. GO Number 4553, issued by Headquarters, II Field Force Vietnam, on 30 December 1970, awarded him the Army Commendation Medal for achievement from 3 March to 3 July 1970. * this GO listed his SSN as "X46-36-XXXX" * the resultant certificate (which he provides) listed his SSN as "X46-46-XXXX" 10. On 24 June 1970, the Commanding Officer, 2nd Squadron, 11th ACR, issued a Disposition Form indicating the applicant was a member of his unit during 1 May 1969 through 15 February 1970 for which the 11th ACR was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation. 11. The applicant was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 1 July 1971. His DD Form 214 shows he completed 2 years of active service with no lost time. It also shows in: * Item 3 (SSN), the entry "X46-46-XXXX" * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, Vietnam Service Medal with 1 bronze service star, Vietnam Campaign Medal with 1960 Device, and Army Commendation Medal 12. His record does not show he was awarded the Army Good Conduct Medal. Additionally, his record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. 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 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. 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. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. * Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970 * Sanctuary Counteroffensive, 1 May - 30 June 1970 * Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971 DISCUSSION: 1. The applicant completed a DD Form 398 listing his SSN as "X76-XX-XXXX." For unknown reasons, his Induction Record listed his SSN as "X46-XX-XXXX" and other available documents listed his SSN as "X46-36-XXXX." When his DD Form 214 was processed, the wrong SSN was listed. It should have been listed as shown on his DD Form 398. 2. GO awarded him two Army Commendation Medals. His DD Form 214 listed only one award. Additionally: * GO Number 4093, issued by Headquarters, II Field Force Vietnam, on 12 October 1970, awarded him the first award of the Army Commendation Medal for service, and the certificate he provides erroneously listed his SSN as "X46-36-XXXX" * GO Number 4553, issued by Headquarters, II Field Force Vietnam, on 30 December 1970 that awarded him the second award of the Army Commendation Medal for achievement erroneously listed his SSN as "X46-36-XXXX" and the certificate he provides also erroneously listed his SSN as "X46-46-XXXX" 3. SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). Neither badge appears on his DD Form 214. 4. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit/foreign award does not appear on his DD Form 214. 5. He was awarded the Vietnam Service Medal. Additionally, he participated in three campaigns during his service in Vietnam. He is eligible for three bronze service stars for wear on his already-awarded Vietnam Service Medal. The service stars were not recorded on his DD Form 214. 6. The applicant meets the criteria for award of the Army Good Conduct Medal (1st Award) in that: * he served honorably from 2 July 1969 to 1 July 1971 and he attained the rank/grade of SGT/E-5 * he served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no record of disciplinary actions or a commander's disqualification * there is no record of any derogatory information in his service record //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015972 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015972 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2