BOARD DATE: 11 July 2017 DOCKET NUMBER: AR20160000951 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: 11 July 2017 DOCKET NUMBER: AR20160000951 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 5 December 1967 through 4 September 1970, b. deleting award of the Vietnam Service Medal from his DD Form 214; and c. adding the following awards to his DD Form 214: * Silver Star * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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: 11 July 2017 DOCKET NUMBER: AR20160000951 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 Silver Star. 2. The applicant states the documents provided show he was awarded the Silver Star, but it is not shown on his DD Form 214. 3. The applicant provides: * transmittal of award memorandum * Headquarters, U.S. Army Vietnam, General Orders Number 3910 * DD Form 214 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 5 December 1967, completed training, and was awarded military occupational specialty 94B (Cook). 3. General Orders (GO) Number 115 issued by Headquarters, 24th Evacuation Hospital, dated 19 May 1969, awarded the applicant the Purple Heart for wounds received in action on 18 May 1969. 4. GO Number 3910 issued by Headquarters, U.S. Army Vietnam, dated 18 October 1969, awarded the applicant the Silver Star for his exceptionally valorous actions on 18 May 1969. The citation notes the applicant was wounded during his evacuation of wounded personnel while under enemy fire. 5. The applicant's DA Form 20 (Enlisted Qualification Record) audited on 7 January 1970 shows in: * item 31 (Foreign Service), Vietnam from 10 May 1968 through 4 September 1969 * item 38 (Record of Assignments), Headquarters and Headquarters Battery, 2d Battalion, 35th Artillery Regiment, Vietnam * item 41 (Awards and Decorations), in part, the Silver Star 6. His DA Form 20 also shows he had conduct and efficiency ratings of "excellent" throughout his military service. 7. On 4 September 1970, the applicant was honorably released from active duty to attend school under the provisions of Army Regulation 635-200, paragraph 5-20. He completed 2 years and 9 months of creditable active duty service of which 1 year, 3 months, and 25 days were foreign service in Vietnam. 8. The applicant's records contain no derogatory entries, disciplinary actions, nonjudicial punishments, or courts-martial that would suggest he was considered not eligible for award of the Army Good Conduct Medal. 9. A 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 Military Awards Branch, failed to reveal any orders for the Silver Star or the Purple Heart. REFERENCES: 1. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968) * Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969 * Tet 69 Counteroffensive 1969 (23 February 1969 to 8 June 1969 * Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969 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 the 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. 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. a. 2d Battalion, 35th Artillery Regiment, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 23 June 1966 to 15 January 1971 in DAGO Number 51, dated 1971. b. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. Although his records contain orders for the Silver Star and it is shown on his DA Form 20, applicant's award of the Silver Star was omitted from his DD Form 214. 2. The applicant was wounded in action on 18 October 1969 and hospitalized for several months. The 24th Evacuation Hospital in Vietnam awarded him the Purple Heart. This award is not listed on his DD Form 214. 3. The applicant's records do not contain a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal. As such, it appears he met the regulatory criteria for the first award of the Army Good Conduct Medal. 4. The records show the applicant participated in five campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect a silver service star to indicate his campaign participation. 5. General orders awarded the applicant's unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. His DD 214 does not reflect these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000951 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000951 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2