BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000190 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: 1 June 2017 DOCKET NUMBER: AR20160000190 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 October 1966 through 17 October 1969; b. deleting from item 24 of his DD Form 214 the "Vietnam Service Medal" and adding the following awards – * Bronze Star Medal * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 4 Bronze Service Stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award) * Expert Marksmanship Qualification Badge with Rifle and Pistol Bars c. deleting from item 30 of his DD Form 214 the entry. "RVN: 20 AUG 69 – 3 MAY 70" and adding the entry, "Vietnam Service from 20 July 1968 to 8 October 1968 and from 17 August 1969 to 3 May 1970." ___________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: 1 June 2017 DOCKET NUMBER: AR20160000190 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. 2. The applicant states that he enlisted in the Regular Army and served in the Republic of Vietnam (RVN) with the 191st Aviation Company (Assault Helicopter), 13th Aviation Battalion (Combat). After he was separated from active duty, he received a letter from the Office of The Adjutant General (TAG) that informed him he had been awarded the Bronze Star Medal. In 2015, he requested his awards and decorations. He received a letter from the National Personnel Records Center (NPRC) that advised him no record was found that authorized him the Bronze Star Medal. 3. The applicant provides copies of the Office of TAG and NPRC letters. 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 in the Regular Army on 18 October 1966 for a period of 3 years. He was awarded military occupational specialty 67N (Single Rotor Helicopter Maintenance Repairman). 3. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 29 (Qualification in Arms) – * M-14 Rifle, Expert, 1 May 1967 * .38 caliber Pistol, Expert, 26 February 1968 * item 31 (Foreign Service), he served in Vietnam from – * 20 July 1968 through 8 October 1968 * 17 August 1969 through 10 June [sic] 1970 * item 33 (Appointments and Reductions), he was promoted to: * specialist five (SP5)/pay grade E-5 on 23 January 1968 * specialist six (SP6)/pay grade E-6 on 24 January 1970 * item 38 (Record of Assignments), he was assigned to – * Troop D, 2nd Squadron, 1st Cavalry, U.S. Army Vietnam (USARV), from 31 August 1968 through 9 October 1968 * 191st Aviation Company (Assault Helicopter), USARV, from 23 August 1969 through 1 May 1970 * item 41 (Awards and Decorations) the – * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle and Pistol Bars 4. Headquarters, 2nd Armored Division, Fort Hood, TX, Special Orders (SO) Number 164, dated 13 June 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar. 5. Headquarters, 55th Aviation Battalion, Fort Hood, TX, SO Number 10, dated 29 February 1968, awarded him the Expert Marksmanship Qualification Badge with Pistol (.38 caliber) Bar. 6. Headquarters, 1st Aviation Brigade (RVN), General Orders Number 3658, dated 13 May 1970, awarded him the Army Commendation Medal for meritorious achievement in RVN from 1 February 1970 to 25 February 1970. 7. The applicant's DD Form 214 shows he was honorably released from active duty on 3 May 1970 as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his reserve service obligation. He had completed 3 years, 6 months, and 16 days of total active service this period that included 11 months and 1 day of foreign service. It also shows, in pertinent part, in: * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the – * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal * item 30 (Remarks): RVN: 20 August 1969 – 3 May 1970 8. A review of the applicant's military personnel records failed to reveal evidence that shows he was awarded the Bronze Star Medal. 9. This review failed to reveal any evidence of disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). A review of item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service, except for the period when he was a patient in the hospital (from 10 October 1968 to 19 February 1969) which was rated "unknown." 10. A request for review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, revealed a copy of Headquarters, 1st Aviation Brigade (RVN), GO Number 5272, dated 20 June 1970, that awarded the applicant the Bronze Star Medal for meritorious service in RVN from June 1969 to June 1970. 11. In support of his application the applicant provides the following documents: a. Office of TAG, U.S. Army Administration Center, St. Louis, MO, letter, dated 24 March 1971, addressed to the applicant that informed him the commander of the organization in which he had served on active duty awarded him the Bronze Star Medal. The Army official asked the applicant for his preference regarding presentation of the award. b. NPRC, St. Louis, MO, letter, dated 20 October 2015, that responded to the applicant's request. It shows, in pertinent part, the official authorized shipment of the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal with 1 Bronze Service Star, and RVN Campaign Medal with Device (1960). It also shows, "No record has been found to show that you are authorized the Bronze Star Medal." REFERENCES: 1. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. 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. 2. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Vietnam Service Medal (VSM) 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. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. b. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns: * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) * Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May 1970 - 30 June 1970) 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. It shows that during the applicant's period of assignment to: * Troop D, 2nd Squadron, 1st Cavalry, the troop was cited for award of the – * RVN Gallantry Cross with Palm Unit Citation for the period 31 July 1968 to 28 July 1969 in Department of the Army General Order (DAGO) Number 3 (1970) * RVN Civil Actions Honor Medal First Class Unit Citation for the period 31 July 1968 to 1 July 1969 in DAGO Number 53 (1970) * 191st Aviation Company (Assault Helicopter), the company was cited for award of the – * RVN Gallantry Cross with Palm Unit Citation for the period 15 December 1969 to 10 October 1970 in DAGO Number 52 (1971) * RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 to 15 May 1970 in DAGO Number 55 (1971) as amended by DAGO Number 54 (1974) b. Paragraph 6 of the pamphlet shows that not more than one RVN Gallantry Cross Unit Citation and no more than one RVN Civil Actions Honor Medal First Class Unit Citation will be worn by any individual. Although multiple awards of these unit citations are not authorized for wear, official military and historical records will indicate all awards received. 4. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. It shows the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation. a. The instructions for item 24 show, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein. b. During the Vietnam era, a regulatory provision was introduced pertaining to the DD Form 214 that provided for entering in the remarks section the inclusive dates of service in Vietnam during the current period of service. DISCUSSION: 1. The evidence of record shows the applicant served in USARV (RVN) from 20 July 1968 to 8 October 1968 and also from 17 August 1969 to 3 May 1970. Item 30 of his DD Form 214 shows the second period of RVN service as 20 August 1969 to 3 May 1970. 2. The evidence of record shows: a. GOs awarded the applicant the – * Bronze Star Medal * Army Commendation Medal b. the applicant qualified for award of the VSM and he participated in four campaigns during his service in Vietnam, which authorizes him four bronze service stars for wear on his already-awarded VSM; c. GOs awarded the applicant's unit the – * RVN Gallantry Cross with Palm Unit Citation (2nd Award) * RVN Civil Actions Honor Medal First Class Unit Citation (2nd Award) d. SOs awarded him the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars. 3. The applicant served a 3-year period of continuous, honorable active duty enlisted service from 18 October 1966 through 17 October 1969. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was promoted to SP5/E-5 during this period of service and he received all "excellent" conduct and efficiency ratings during his service, except for one "unknown" (i.e., unrated) period, which is not disqualifying. c. The evidence shows the applicant met the criteria for award of the AGCM (1st Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000190 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2