BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160002104 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: 21 September 2017 DOCKET NUMBER: AR20160002104 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 18 March 1965 to 17 July 1968 * amending his DD Form 214 ending on 17 July 1968 by deleting the Vietnam Service Medal and Purple Heart and adding the: * Purple Heart (2nd Award) * Bronze Star Medal (2nd Award) with "V" Device * Army Good Conduct Medal (1st Award) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Korea Defense Service Medal * Vietnam Service Medal with four bronze service stars * 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: 21 September 2017 DOCKET NUMBER: AR20160002104 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 an additional award of the Purple Heart and two awards of the Bronze Star Medal with "V" Device. 2. The applicant states his original DD Form 214, dated 17 July 1968, does not reflect the above awards. 3. The applicant provides copies of the following documents: * General Orders (GO) Number 788, GO Number 999, and GO Number 5740 * Two certificates for the Bronze Star Medal (2nd Award) and "V" Device * DD Form 214 * Department of Veterans Affairs Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative) COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Counsel requests the applicant be issued a DD Form 215 (Correction to DD Form 214) to show all badges, unit awards, and personal awards the applicant earned during his service to the nation. 2. Counsel states: a. The applicant served honorably in the Army during the Vietnam War. The DD Form 214 he was issued in 1968 for this period of service is missing three personal awards. The applicant showed him the award citations and documents indicating the administrative clerk failed to annotate his DD Form 214 to show two awards of the Bronze Star Medal and an additional award of the Purple Heart. The existing documents also indicate, as an infantryman, the applicant earned the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, and Combat Infantryman Badge. b. Based upon his service in Korea, he believes the applicant earned the Korea Defense Service Medal. The applicant is a model citizen. Following his honorable military service, he continued to serve the public by becoming a law enforcement officer. He served as a law enforcement officer until he retired from public service. The applicant wants to have everything in order and ensure his family is aware of his military service. 3. Counsel provides no additional evidence. 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 the cases 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. 2. The applicant enlisted in the Regular Army on 18 October 1965 and he held military occupational specialty 11B (Light Weapons Infantryman). 3. He served in: * Korea from 1 March to 23 June 1967 * Vietnam from 19 July 1967 to 18 July 1968 during four campaigns and he was assigned to: * Company B, 2nd Battalion, 14th Infantry, 25th Infantry Division, from 25 July to 15 August 1967 * Headquarters and Headquarters Company, 1st Brigade from 16 August to 9 September 1967 * Company B, 2nd Battalion, 14th Infantry, 25th Infantry Division from 10 September 1967 to 3 March 1968 * Company C, 4th Battalion, 9th Infantry Division, from 4 March to 10 July 1968 4. The available records show: a. Special Orders (SO) 31, issued by Headquarters 2nd Brigade, Fort Ord, CA, dated 10 February 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60). b. SO 193, issued by the U.S. Army Artillery and Missile Center, Fort Sill, OK, dated 19 August 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 5. GO Number 396, issued by Headquarters, 25th Infantry Division, on 28 January 1968, awarded him the Purple Heart for wounds received in connected with military operations against a hostile force in Vietnam on 25 January 1968. 6. He provided copies of the following orders issued by Headquarters, 25th Infantry Division, on/for: * GO Number 788, 23 February 1968, awarding him the Purple Heart for wounds received in action in Vietnam on 16 February 1968 * GO Number 999, 5 March 1968, awarding him the Bronze Star Medal with "V" Device for heroism in connection with military operation against a hostile force in Vietnam on 26 September 1967 and the resulting certificate * GO Number 5740, 7 August 1968, awarding him the Bronze Star Medal with "V" Device and First Oak Leaf Cluster (1st OLC) for heroism in connection with military operations against a hostile force in Vietnam on 10 June 1968 and the resulting certificate 7. He was honorably released from active duty on 17 July 1968 and he was transferred to the U.S. Army Reserve Control Group. He was credited with completing 2 years and 9 months of active service. His DD Form 214 lists the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Combat Infantryman Badge * Purple Heart 8. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignments) – He received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) during his period of service * Item 40 (Wounds) – He received fragment wounds to the left leg on 25 January and 16 February 1968 * Item 41 (Awards and Decorations) – All awards listed on his DD Form 214 REFERENCES: 1. Army Regulation (AR) 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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-marital. 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. 2. AR 600-8-22 (Military Award) states: a. The Korea Defense Service Medal is awarded to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea from 28 July 1954 to a date to be determined by the Secretary of Defense for 30 consecutive or for 60 nonconsecutive days. b. A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation. c. The "V" Device is a bronze block letter worn on the Bronze Star Medal to denote participation in acts of valor (heroism) during combat operations. In the case of multiple "V" Devices for the same award, only one "V" Device is worn on the service ribbon. 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows both of his units in Vietnam, 2nd Battalion, 14th Infantry, and 4th Battalion, 9th Infantry, were both cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period from April 1966 to August 1968, by Department of the Army General Order (DAGO) Number 48, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period from 30 April 1966 to 21 January 1970, by DAGO Number 51, dated 1971 DISCUSSION: 1. GO awarded him two awards of the Purple Heart for wounds received in action in Vietnam on 25 January and 16 February 1968. His DD Form 214 only lists one award of the Purple Heart. 2. GO awarded him two awards of the Bronze Star Medal with "V" Device for heroism in Vietnam on 25 September 1967 and 10 June 1968. His DD Form 214 does not list these awards. 3. He was awarded the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 does not list these badges. 4. He participated in four campaigns in Vietnam for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal. His DD Form 214 does not list these service stars. 5. GO awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His DD Form 214 does not list these unit awards. 6. He completed a qualifying period of service for award of the Korea Defense Service Medal. His DD Form 214 does not list this award. 7. He completed over 1 year of honorable service and received "excellent" conduct and efficiency ratings throughout his period of service. He served in Vietnam earning two awards each of the Purple Heart and Bronze Star Medal with "V" Device. There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award). He appears to meet the criteria for award of the Army Good Conduct Medal (1st Award) for his period of service from 18 March 1965 to 17 July 1968 and its addition to 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) AR20160002104 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002104 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2