BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20150018545 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 May 2017 DOCKET NUMBER: AR20150018545 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 March 1968 to 17 March 1970; and b. amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 March 1970 to show he was awarded or authorized the following awards: * Bronze Star Medal * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Meritorious Unit Commendation * 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 (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: 23 May 2017 DOCKET NUMBER: AR20150018545 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 17 March 1970 to show he was awarded the Bronze Star Medal (BSM). 2. The applicant states his DD Form 214 does not reflect the fact that he was awarded the BSM on 9 July 1979. He requested a copy of his DD Form 214 and noticed the missing award. 3. The applicant provides General Orders Number 9571, issued by Headquarters, 9th Infantry Division, on 9 July 1969 (with corresponding BSM certificate and citation) and his DD Form 214 for the period ending 17 March 1970. 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 enlisted into the Regular Army on 18 March 1968. 3. Special Orders Number 171, issued by First Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Polk, LA, on 19 August 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. The applicant served in the Republic of Vietnam from on or about 1 December 1968 through on or about 19 September 1969. During this period of service, he was assigned to the Headquarters and Headquarters Detachment, 9th Signal Battalion. 5. General Orders Number 4948, issued by Headquarters, 9th Infantry Division, on 26 April 1969, awarded the applicant the Army Commendation Medal (ARCOM) for outstanding achievement during the period 1 January 1969 through 31 March 1969. 6. General Orders Number 9571, issued by Headquarters, 9th Infantry Division, on 9 July 1969, awarded the applicant the BSM for meritorious service during the period 1 November 1968 through 31 July 1969. 7. The applicant was honorably released from active duty on 17 March 1970. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, the Vietnam Service Medal with 3 bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960). 8. The applicant's record shows no evidence of disciplinary actions during his period of service. His DA Form 20 (Enlisted Qualification Record) confirms his conduct and efficiency ratings were excellent throughout his entire period of active service. REFERENCES: 1. Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, 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 the 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. 2. Army Regulation 672-5-1 (Awards), in effect at the time, provided that 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 Soldier must have had all "excellent" conduct and efficiency ratings and he/she could not have been convicted by court-martial. 3. 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 the 9th Signal Battalion, the unit to which the applicant was assigned from on or about 1 December 1968 through on or about 19 September 1969, was cited for the: * Meritorious Unit Commendation, for the period 1 July 1968 through 24 January 1969, by Department of the Army General Orders (DAGO) Number 13, dated 1974 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 January through 30 June 1969, by DAGO Number 59, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 19 December 1966 through 28 June 1969, by DAGO Number 59, dated 1969 DISCUSSION: 1. General orders awarded the applicant the BSM and the ARCOM; however, these awards are not listed on his DD Form 214. 2. The applicant received excellent conduct and efficiency ratings for the period 18 March 1968 through 17 March 1970. There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal. It appears he met the criteria for award of the Army Good Conduct Medal (1st Award). 3. Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); however, this award is not shown on his DD Form 214. 4. Department of the Army General Orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned. However, these unit 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) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018545 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2