BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160001001 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160001001 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 15 May 1968 through 14 May 1970 (Standard Name Line: SGT, Company B, 2nd Battalion, 46th Infantry, 1st Armored Division, Fort Hood, TX 76544); and b. adding the following awards to item 24 of his DD Form 214: * Bronze Star Medal * Purple Heart * Army Commendation Medal with "V" Device * Army Good Conduct Medal (1st Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Air Medal. _____________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 June 2017 DOCKET NUMBER: AR20160001001 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) to show all of his authorized awards. 2. The applicant states he was inducted into the U.S. Army and served in the Republic of Vietnam (RVN). He was awarded the Army Commendation Medal (ARCOM) with "V" Device, Purple Heart (PH), Bronze Star Medal (BSM), and Air Medal (AM); however, his DD Form 214 does not show these awards. 3. The applicant provides copies of three general orders (GOs), four award certificates, and two citations. 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 U.S. Army on 15 May 1968. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 29 (Qualification in Arms) – * M-14 Rifle, Marksman, 8 July 1968 * M-16 Rifle, Marksman, 23 August 1968 * M-60 Machine Gun, Sharpshooter, 29 August 1968 * item 31 (Foreign Service), he served in Vietnam from 26 October 1968 through 25 October 1969 * item 33 (Appointments and Reductions), he was promoted to sergeant (SGT)/pay grade E-5 on 7 August 1969 * item 38 (Record of Assignments) – * Company E, 1st Battalion, 26th Infantry, 1st Infantry Division, from 10 November 1968 through 20 November 1968 * Company A, 1st Battalion, 26th Infantry, 1st Infantry Division, from 21 November 1968 through 20 October 1969 * item 39 (Campaigns) – * Vietnam Counteroffensive Phase V * Vietnam Counteroffensive Phase VI * Tet 1969 Counteroffensive * an unknown campaign (later named Vietnam Summer-Fall 1969) * item 40 (Wounds) – no entries * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * RVN Gallantry Cross with Palm Unit Citation * ARCOM with "V" Device * RVN Campaign Medal * two overseas service bars * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) 4. The applicant's DD Form 214 shows he was honorably released from active duty on 14 May 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve service obligation. He completed 2 years of total active service during this period that included 1 year of foreign service. It also shows in: * item 12 (Last Duty Assignment and Major Command) – Company B, 2nd Battalion, 46th Infantry, 1st Armored Division, Fort Hood, TX, Fourth U.S. Army * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal with 4 bronze service stars * RVN Campaign Medal with Device (1960) * RVN Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * item 30 (Remarks) – Inclusive dates of service in Vietnam during current period of service: 26 October 1968-25 October 1969 5. A review of the applicant's military personnel records failed to reveal copies of orders or other evidence that shows he was awarded the BSM, PH, or AM. 6. This review also 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. 7. A review of The Adjutant General's Office Casualty Division's Vietnam casualty roster revealed the applicant is listed on the roster for injuries on 29 November 1968, casualty category code 1 (battle wounded) and casualty status code 24 (not serious, not hospitalized). 8. In support of his application the applicant provides the following documents. a. Headquarters, 1st Infantry Division, GO Number 2381, dated 3 April 1969, and DA Form 4980-14 (ARCOM Certificate), issued on 4 April 1969, that show he was awarded the ARCOM with "V" Device for heroism in RVN on 29 November 1968. b. Headquarters, 1st Infantry Division, GO Number 2448, dated 5 April 1969, and DA Form 4980-10 (PH Certificate), issued on 10 April 1969, that show he was awarded the PH for wounds received in RVN on 29 November 1968. c. DA Form 4980-9 (AM Certificate), issued on 7 September 1969, and AM Citation that show he was awarded the AM for meritorious achievement while participating in aerial flight in RVN during the period 20 November 1968 to 1 April 1969. d. Headquarters, 1st Infantry Division, GO Number 11216, dated 23 September 1969; DA Form 4980-5 (BSM Certificate), issued on 28 September 1969; and BSM Citation that show he was awarded the BSM for meritorious service in ground operations against hostile forces in RVN from November 1968 to October 1969. 9. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of GOs issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant. REFERENCES: 1. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded for exemplary behavior, efficiency, and fidelity 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. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units serving in Vietnam. It shows that during the applicant's period of assignment to Company E and Company A, 1st Battalion, 26th Infantry, the battalion was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 in Department of the Army GO Number 53, dated 1970. 3. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 4. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 5. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected to show all of his authorized awards, including the ARCOM with "V" Device, PH, BSM, and AM. 2. GOs awarded the applicant the following personal decorations: * ARCOM with "V" Device for heroism in RVN on 29 November 1968 * PH for wounds received in RVN on 29 November 1968 * BSM for meritorious service in RVN from November 1968 to October 1969 3. GOs awarded the applicant's unit the RVN Civil Actions Honor Medal First Class Unit Citation. 4. The applicant served a period of continuous, honorable active duty enlisted service from 15 May 1968 through 14 May 1970. 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 awarded the BSM for meritorious service from November 1968 to October 1969. c. He was promoted to SGT/E-5 during this period and he received all "excellent" conduct and efficiency ratings during his service. d. Based on the available evidence, the AGCM (1st Award) may be awarded to the applicant for his exemplary behavior, efficiency, and fidelity. 5. The evidence of record shows that award of a personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders. The evidence of record shows the applicant was issued an AM certificate and citation; however, there is no available evidence of record that shows the award was announced in orders. The evidence of record is insufficient for correcting the applicant's records to show the award. 6. While the available evidence is insufficient for correcting the applicant's records to show award of the AM, this in no way affects his right to pursue his claim for the award by submitting his request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001001 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001001 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2