BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160001398 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: 8 June 2017 DOCKET NUMBER: AR20160001398 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 14 July 1967 through 16 June 1969, b. deleting the following award entries from his DD Form 214: * VSM * BSM w/"S" * VCG w/PALM c. adding the following awards to his DD Form 214: * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) _________________________ 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: 8 June 2017 DOCKET NUMBER: AR20160001398 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 Army Good Conduct Medal and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. By separate correspondence, he requests, in effect, all authorized awards. 2. The applicant states he would like his DD Form 214 corrected to show these awards. Company C, 15th Engineer Battalion, was attached to the 1st Brigade, 9th Infantry Division, at the time. The Army Good Conduct Medal was corrected years ago, but he has no DD Form 214 that reflects it. 3. The applicant provides * DD Form 214 * DA Form 1577 (Authorization for Issuance of Awards), dated 2 April 1975 * two Bronze Star Medal (BSM) certificates with separate citations * two Army Commendation Medal Certificates with Citations * Internet printout 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 14 July 1967. He held military occupational specialty 12B (Combat Engineer). 3. Special Orders (SO) Number 244, issued by the U.S. Army Training Center, Fort Leonard Wood, MO, on 1 September 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. He served in Vietnam from on or about 19 June 1968 to on or about 16 June 1969. He was assigned to Company C, 15th Engineer Battalion, 9th Infantry Division. 5. General Orders (GO) Number 3840, issued by Headquarters, 9th Infantry Division, on 31 March 1969, awarded him the Army Commendation Medal for achievement from 11 December 1968 to 28 February 1969. 6. GO Number 6864, issued by Headquarters, 9th Infantry Division, on 17 June 1969, awarded him the BSM for achievement from 1 April 1969 to 10 June 1969. 7. He was honorably released from active duty in the rank/grade of staff sergeant (SSG)/E-6 on 16 June 1969. His DD Form 214 shows he completed 1 year, 11 months, and 3 days of active service, of which 11 months and 28 days were foreign service. He was awarded or authorized the: * National Defense Service Medal (shown as NDSM) * Vietnam Service Medal (shown as VSM) * Republic of Vietnam Campaign Medal with Device (1960) (shown as VCM) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) (shown as EXP M-16) * Army Commendation Medal (shown as ACM) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (shown as VCG w/Palm) * BSM (shown as BSM with "S") 8. The applicant's records do not show he was awarded the Army Good Conduct Medal. Additionally, his records show no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification record) shows he received all "excellent" conduct and efficiency ratings. 9. His records contain an "Official Statement of Award of the Good Conduct Medal" issued by the Department of the Army Office of the Adjutant General on 2 April 1975 indicating his "entitlement" to award of the Army Good Conduct Medal. However, there are no permanent orders for this award in his records. 10. The applicant provides a DA Form 1577 completed on 2 April 1975 showing he was authorized the Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960). A direct statement shows his personnel records did not contain orders awarding him the Army Commendation Medal with oak leaf cluster (indicating a second award) or the BSM. It was suggested that he provide copies of the award orders. 11. The applicant provides: a. a BSM Certificate with Citation showing he was recognized for meritorious achievement during the period from July 1968 to June 1969, dated 15 June 1969; b. a second BSM Certificate with Citation showing he was recognized for meritorious achievement during the period 1 April to 10 June 1969, dated 17 June 1969; c. an Army Commendation Medal Certificate and Citation showing he was recognized for outstanding achievement during the period 11 December 1968 to 28 February 1969, dated 31 March 1969; and d. an Army Commendation Medal (First Oak Leaf Cluster) Certificate and Citation showing he was recognized for unswerving effort and professional ability for period 11 December 1968 to 28 February 1969, undated. REFERENCES: 1. 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. There must have been no convictions by a court-martial. 2. Army[UAu1] Regulation 600-8-22 (Military Awards) states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, Air Medal, and BSM. There is no "S" device. 3. Army Regulation 600-8-22 states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes five bronze services stars. During his service in Vietnam, campaign participation credit was awarded for the following five campaigns * Vietnam Counteroffensive Phase IV – 2 April-30 June 1968 * Vietnam Counteroffensive Phase V – 1 July-1 November 1968 * Vietnam Counteroffensive Phase VI – 2 November 1968-22 February 1969 * Tet 69/Counteroffensive – 23 February-8 June 1969 * Vietnam Summer-Fall 1969 – 9 June-31 October 1969 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during the applicant's service with C Company, 15th Engineer Battalion in Vietnam, from June 1968 to June 1969, his unit was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 December 1966 to 30 June 1968 in Department of the Army General Orders (DAGO) Number 31, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 January 1969 to 30 June 1969 in DAGO Number 59, dated 1969 * Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for service from 19 December 1966 to 28 June 1969 in DAGO Number 59, dated 1969 DISCUSSION: 1. Although he was issued an "Official Statement of Award of the Good Conduct Medal," it does not appear he was issued permanent orders for this award. In any case, he met the criteria for award of the Army Good Conduct Medal (1stt Award) in that: * he served honorably from 14 July 1967 through 16 June 1969 and he attained the rank/grade of SSG/E-6 * he served a qualifying period and he received "excellent" conduct and efficiency ratings throughout his service with no record of disciplinary actions or a commander's disqualification 2. GO awarded him the BSM. This award appears on his DD Form 214 albeit with an "S" device. The BSM may be awarded for achievement, service, or valor ("V" device). There is no "S" device. It also appears he believes he should have two BSMs based on receiving two separate certificates and citations for the BSM. As there are only orders for one award of the BSM, his record should only show one BSM. 3. It appears he believes he is entitled to two awards of the Army Commendation Medal. However, there are only orders for one award. While he provides two certificates and citations, there are no orders for a second award. 4. He was awarded the Vietnam Service Medal. Additionally, he participated in five campaigns during his service in Vietnam. He is authorized one silver service star for wear on his already-awarded Vietnam Service Medal. His DD Form 214 does not show these service stars. 5. His unit in Vietnam was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not accurately reflect these unit awards. 6. SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). This badge is not shown on his DD Form 214. //NOTHING FOLLOWS// [UAu1]CE4 - Omit key facts or citations (Explain only a V device, no S device.) ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001398 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001398 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2