IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160005046 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 IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160005046 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 29 July 1969 through 2 March 1971, b. deleting the Vietnam Service Medal from his DD Form 214, and c. adding to his DD Form 214: * Bronze Star Medal (2nd Award) with "V" Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) _____________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. IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160005046 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 record to show award of the Bronze Star Medal (BSM) (2nd Award) with "V" Device. 2. The applicant states his DD Form 215 (Correction to DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)) does not have an additional BSM listed. He was awarded the BSM on 25 February 1971 by General Orders Number 3566. 3. The applicant provides: * General Orders Number 3566 * DD Form 215 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 29 July 1969. 3. His DA Form 20 (Enlisted Qualification Record) shows: a. He served in the Republic of Vietnam for the period 23 March 1970 through 25 February 1971. While serving in Vietnam, he was assigned to the following units: (1) Company E, 3rd Battalion, 8th Infantry, 4th Infantry Division, for the period 1 April 1970 through 30 September 1970; (2) Company B, 1st Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), for the period 1 October 1970 through 1 December 1970; and (3) Company A, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division (Airmobile), for the period 2 December 1970 through 24 February 1971. b. Orders Number 484, issued by Headquarters, 4th Infantry Division, awarded him the BSM with "V" Device and General Orders Number 3566 awarded him the BSM (2nd Award). Neither of the entries record the date the orders were published. c. He received all "excellent" conduct and efficiency ratings throughout his service. 5. General Orders Number 3566, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 25 February 1971, awarded him the BSM for meritorious service, not involving participation in aerial flight, in connection with ground operations against a hostile enemy force in the Republic of Vietnam. 6. His record does not contain any derogatory information or a commander's disqualification that would have precluded him from receiving the initial award of the Army Good Conduct Medal for the period 29 July 1969 through 2 March 1971. 7. On 2 March 1971, he was honorably released from active duty. His DD Form 214 the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 8. On 11 February 2009, his DD Form 214 was corrected by a DD Form 215 and shows he was awarded or authorized the: * Combat Infantryman Badge * BSM with "V" Device * Air Medal * Army Commendation Medal with oak leaf cluster (i.e., 2nd Award) * Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars * Expert Marksmanship Qualification Badge with Mortar and Automatic Rifle Bars 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 three campaigns: * Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970) * DA Sanctuary Counteroffensive (1 May-30 June 1970) * Vietnam Counteroffensive, Phase III (1 July 1970-30 June 1971) 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. During the period in which the applicant was assigned to Company E, 3rd Battalion, 8th Infantry, 4th Infantry Division, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 17 November 1970 in Department of the Army General Order (DAGO) Number 52 dated 1971. b. During the period the applicant was assigned to 1st Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February through 28 February 1971 in DAGO Number 42 dated 1972. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, where a single unit received duplicate Vietnamese unit awards during the same period of time, only one award will be recorded in official military and historical records. DISCUSSION: 1. Headquarters, 1st Cavalry Division (Airmobile), awarded him the BSM for meritorious service in connection with ground operations against a hostile enemy force. His DD Form 214 does not show that he was twice awarded the BSM. 2. The evidence of record confirms he served honorably during the period 29 July 1969 through 2 March 1971. His records do not contain a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). As such, it appears he meets the regulatory criteria for award of the Army Good Conduct Medal (1st Award). His DD Form 214 does not show this medal. 3. Department of the Army Pamphlet 672-3 shows his units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) during his period of assignment. 4. The evidence of record shows the applicant participated in three campaigns during his service in Vietnam and he is authorized three bronze service stars with his Vietnam Service Medal. The Vietnam Service Medal listed on his DD Form 214 does not reflect any bronze service stars. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005046 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005046 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2