BOARD DATE: 20 June 2017 DOCKET NUMBER: AR20160001033 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: 20 June 2017 DOCKET NUMBER: AR20160001033 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 1 July 1968 through 30 January 1971, b. deleting award of the Vietnam Service Medal from his DD Form 214, and c. adding the following awards to his DD Form 214: * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * 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: 20 June 2017 DOCKET NUMBER: AR20160001033 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, in effect, his Bronze Star Medal is not shown on his DD Form 214. 3. The applicant provides General Orders Number 211 issued by Headquarters, 1st Signal Brigade, U.S. Army Strategic Command, on 26 January 1971 with Bronze Star Medal Citation. 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 1 July 1968. He completed his initial entry training and was awarded military occupational specialty 31S (Field General Communication Security Repairer). 3. The applicant's records show he served in the Republic of Vietnam from on or about 21 October 1969 through on or about 29 January 1971. He was assigned to Company D, 36th Signal Battalion, from 27 October 1969 through 28 February 1970 and to the 542nd Signal Company from 1 March 1970 through 28 January 1971. 4. General Orders Number 211, issued by Headquarters, 1st Signal Brigade, U.S. Army Strategic Command, on 26 January 1971 awarded the applicant the Bronze Star Medal for meritorious service during the period 21 October 1969 to 23 January 1971. 5. The applicant was honorably released from active duty on 30 January 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 6. There is no evidence that indicates the applicant was awarded the Army Good Conduct Medal. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his active service. There is no evidence of derogatory information or evidence that shows he was subject to any disciplinary actions, including convictions by court-martial under the Uniform Code of Military Justice. Lastly, there is no evidence that shows his commander took action to deny him favorable consideration for or receipt of his initial award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns: * 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) * Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971) 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 and no court-martial convictions. 3. 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 Headquarters, U.S. Army Vietnam, and its subordinate units was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973, in Department of the Army General Orders Number 8, dated 1974. DISCUSSION: 1. General orders awarded the applicant the Bronze Star Medal. This medal is not shown on his DD Form 214. 2. The applicant served honorably from 1 July 1968 to 30 January 1971. His records show he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of any disciplinary or derogatory actions, and there is no evidence that shows his commander took action to deny him favorable consideration for or receipt of his initial award of the Army Good Conduct Medal. This medal is not shown on his DD Form 214. 3. The applicant's records show he served in the Republic of Vietnam from on or about 21 October 1969 through on or about 29 January 1971 and he participated in four campaigns during this period. His DD Form 214 lists the Vietnam Service Medal as an authorized award; however, it does not reflect the four bronze service stars he is authorized for campaign participation. 4. Department of the Army general orders awarded all units serving in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award is 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) AR20160001033 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2