BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017076 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: 6 April 2017 DOCKET NUMBER: AR20150017076 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 3 March 1969 through 2 March 1971; b. deleting from his DD Form 214 the Bronze Star Medal with "V" Device and 2nd Oak Leaf Cluster, Air Medal with Oak Leaf Cluster, and Vietnam Campaign Medal with two bronze service stars; and c. adding to his DD Form 214 – * Bronze Star Medal with "V" Device (3rd Award) * Bronze Star Medal * Air Medal with Numeral 3 * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Campaign Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) * Expert Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun (M-60) Bars _____________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: 6 April 2017 DOCKET NUMBER: AR20150017076 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 awards: * Bronze Star Medal (3rd Award) with "V" Device * Bronze Star Medal * Air Medal with Numeral 3 * Army Commendation Medal * Army Good Conduct Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Marksmanship Badges 2. The applicant states, in effect, his DD Form 214 does not reflect the awards listed above. 3. The applicant provides: * Letter from the National Personnel Records Center, dated 23 September 2015 * General Orders (GO) Number 251, dated 9 January 1970 * Bronze Star Medal Certificates, dated 16 January 1970, 3 February 1970, 2 May 1970, and 24 June 1970 * GO Number 566, dated 19 January 1970 * GO Number 2228, dated 25 February 1970 * GO Number 4853, dated 2 May 1970 * GO Number 7198, dated 24 June 1970 * GO Number 7924, dated 18 July 1970 * GO Number 9497, dated 11 September 1970 * Air Medal Certificate, dated 11 September 1970 * Letter from the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administrative Center, St. Louis, MO, dated 20 September 1971 * DA Form 20 (Enlisted Qualification Record) * DD Form 214 * Letter Orders Number 02-1073679, dated 26 February 1975 * Excerpt from Army Regulation 600-8-22 (Military Awards) * Excerpt from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) 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. 3. Special Orders (SO) Number 103, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, NC, on 13 April 1969 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14). 4. SO Number 143, issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, on 19 June 1969 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. SO Number 151, issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, on 30 June 1969 awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 6. His DA Form 20 contains the following information: a. Items 31 (Foreign Service) and 38 (Record of Assignments) show he was assigned to Vietnam from 3 August 1969 to 29 July 1970 and he served with Company B, 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division from 13 August 1969 to 29 July 1970. b. He received all excellent or unknown conduct and efficiency ratings. 7. GO Number 15020, issued by Headquarters, 25th Infantry Division, on 4 December 1969, awarded him the Air Medal (1st Award). 8. GO Number 251, issued by issued by Headquarters, 25th Infantry Division, on 9 January 1970, awarded him the Bronze Star Medal with "V" Device. 9. GO Number 566, issued by Headquarters, 25th Infantry Division, on 19 January 1970, awarded him the Bronze Star Medal with "V" Device (2nd Award). 10. GO Number 1993, issued by Headquarters, 25th Infantry Division, on 22 February 1970, awarded him the Air Medal (2nd Award). 11. GO Number 2228, issued by Headquarters, 25th Infantry Division, on 25 February 1970, awarded him the Army Commendation Medal. 12. GO Number 4853, issued by Headquarters, 25th Infantry Division, on 2 May 1970, awarded him the Bronze Star Medal with "V" Device (3rd Award). 13. GO Number 7198, issued by Headquarters, 25th Infantry Division, on 24 June 1970, awarded him the Bronze Star Medal (4th Award). 14. GO Number 9497, issued by Headquarters, 25th Infantry Division, on 11 September 1970, awarded him the Air Medal (3rd Award). 15. A review of the applicant's record shows no derogatory information in the form of court-martial convictions, nonjudicial punishment, lost time, or misconduct. His record is void of evidence that shows his commander sought to deny him award of the Army Good Conduct Medal during his period of service. 16. He was honorably released from active duty on 2 March 1971. He completed 2 years of net active service, of which 1 year and 1 day was credited as foreign service. Item 24 lists the following awards: * National Defense Service Medal * Bronze Star Medal with "V" Device and 2nd Oak Leaf Cluster [3rd Award] * Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with two bronze service stars * Air Medal with Oak Leaf Cluster [2nd Award] * Combat Infantryman Badge REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns: * Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969) * 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 Vietnam. This pamphlet shows that 2nd Battalion, 14th Infantry Regiment was cited for award of the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970, by DAGO Number 5, dated 1973. b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 April 1966 to 21 January 1970, by DAGO Number 51, dated 1971. 3. 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. DISCUSSION: 1. GOs awarded the applicant the Bronze Star Medal on four occasions. Three of the four awards were for valor, with "V" Device. His DD Form 214 does not reflect these awards properly. 2. GOs awarded him the Air Medal with Numeral 3. His DD Form 214 does not reflect this award properly. 3. GOs awarded him the Army Commendation Medal (1st Award). His DD Form 214 does not reflect this award. 4. A review of the applicant's record shows no derogatory information in the form of court-martial convictions, nonjudicial punishment, lost time, or misconduct that may have potentially disqualified him from being positively considered for his initial award of the Army Good Conduct Medal for the period 3 March 1969 through 2 March 1971. His record is void of evidence that shows his commander sought to deny him award of the Army Good Conduct Medal during his period of service. He received excellent conduct and efficiency ratings and he was honorably released at the end of his term of service. He meets the criteria for the first award of the Army Good Conduct Medal. 5. His DD Form 214 incorrectly reflects the Vietnam Service Medal with two bronze service stars, which denotes participation in two campaigns. However, the applicant participated in four campaigns. As such, his Vietnam Service Medal should reflect four bronze service stars. 6. During the applicant's assignment in Vietnam, GOs awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His DD Form 214 does not reflect these unit awards. 7. SOs awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). His DD Form 214 does not reflect these marksmanship badges. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017076 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017076 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2