BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160000877 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: AR20160000877 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 16 August 1967 through 15 August 1969; and b. amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 August 1969 by deleting the Vietnam Service Medal and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 4 bronze service stars * Combat Infantryman Badge * Navy Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation __________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: AR20160000877 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 August 1969 to show he was awarded the Army Good Conduct Medal (AGCM), Combat Infantryman Badge (CIB), and Navy Unit Commendation (NUC). 2. The applicant states, in effect, the missing awards resulted from clerical oversight at the time of his discharge since he was processed from active duty in a quick manner. He is a twice-wounded combat veteran and decorated for heroism and it is important that his family have all the proof of his service and sacrifice. 3. The applicant provides: * a letter from the Chief of Staff of the Republic of Vietnam Armed Forces, to the Commander, U.S. Military Assistance Command, Vietnam, dated 13 May 1968 * an undated letter from the Commander, U.S. Military Assistance Command, Vietnam, thru Commander, III Marine Amphibious Force, to Commander, Americal Division, with 1st endorsement, dated 29 May 1968 and 2nd endorsement, dated 14 June 1968 * a one-page article extract titled "Gimlets Crush NVA Forces" from the June 1968 "Southern Cross - Americal Division" magazine * DD Form 214 for the period ending 15 August 1969 * a letter from Headquarters, U.S. Marine Corps (USMC), Marine Corps Historical Center, dated 15 July 1988 * DA Forms 1577 (Authorization for Issuance of Awards), issued by the U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, on 28 April 1995 * an extract from Department of Army Pamphlet 672-3 (Decorations, Awards, and Honors - Unit Citation and Campaign Participation Credit Register), dated 29 January 1988 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 16 August 1967. He completed his initial entry training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 7 February 1968 through on or about 5 February 1969. b. Item 38 (Record of Assignments), he served with Company D, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade, 23rd Infantry Division (Americal) during his service in the Republic of Vietnam. He achieved "excellent" conduct and efficiency ratings throughout his period of military service, with the exception of 5 January 1968 through 6 February 1968, during which time his conduct and efficiency ratings were determined to be "unknown." 4. Special Orders Number 7, issued by Headquarters, Americal Division on 7 January 1969, awarded him the CIB while assigned to Company D, 3rd Battalion, 21st Infantry Regiment. 5. The applicant was honorably released from active duty on 15 August 1969. His DD Form 214 shows he completed 3 years of total active service including 11 months and 28 days of foreign and/or sea service, and he held the temporary rank/grade of sergeant/E-5. His DD Form 214 further shows he was awarded or authorized the: * Purple Heart (2nd Award) * Army Commendation Medal (2nd Award) with "V" Device * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * two overseas service bars 6. The applicant's record is void of documentation that shows he was awarded the AGCM. However, despite the absence of award orders, there is no evidence he was convicted by court-martial of violations of the Uniform Code of Military Justice, or evidence that confirms his commander contemplated or took action to deny him his initial award of the AGCM. 7. The applicant provides: a. A letter of appreciation with several endorsements extending appreciation to his unit and higher headquarters in defense of a Vietnamese village of Nhi-ha. It is presumed this is to show his unit's relationship with the III Marine Amphibious Force. b. A letter from Headquarters, USMC, Marine Corps Historical Center, dated 15 July 1988, which identifies the 3rd Battalion, 21st Infantry Regiment as a unit cited in the NUC orders. c. A one-page article extract titled "Gimlets Crush NVA Forces" from the June 1968 "Southern Cross – AMERICAL Division" magazine, which describes his unit's participation in a battle near the village of Nhi-Ha. d. DA Forms 1577, issued by ARPERCEN on 28 April 1995, which identify the awards, badges, and decorations he was authorized following his request for replacements. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It stated a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. A silver service star is worn instead of five bronze service stars. Table B-1 shows that during his service in Vietnam, participation credit was awarded for the following four campaigns: * Tet Counteroffensive (30 January 1968 – 1 April 1968) * Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968) * Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968) * Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969) 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 the unit to which the applicant was assigned was cited for the NUC for the period 1 May - 16 May 1968, by Department of the Army General Orders (DAGO) Number 32, dated 1972. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 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. 4. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant served honorably on active duty from 16 August 1967 through 15 August 1969. During this period, he received all "excellent" conduct and efficiency ratings, except for a one month and one day period in which his conduct and efficiency rating was determined to be "unknown." This period immediately preceded his deployment to the Republic of Vietnam. In accordance with the applicable regulation at that time, ratings of "unknown" for portions of the period were not disqualifying for award of the AGCM. There is no evidence he was subject to any disciplinary or derogatory actions during his period of service. Additionally, there is no evidence his commander contemplated or took action to deny him his initial award of the AGCM. 2. He participated in four campaigns during his service in the Republic of Vietnam; however, his DD Form 214 shows only his previously-awarded Vietnam Service Medal without any corresponding bronze service stars to denote campaign participation. By regulation, a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. 3. Special orders awarded him the CIB on 7 January 1969. This award is not shown on his DD Form 214. 4. General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the NUC. 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) AR20160000877 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000877 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2