IN THE CASE OF: BOARD DATE: 20 October 2011 DOCKET NUMBER: AR20110009710 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 record to show he was awarded the Bronze Star Medal (BSM), Army Commendation Medal (ARCOM), and Army Good Conduct Medal (AGCM). 2. He states the awards are not reflected in his record and should be. 3. He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a DA Form 1577 (Authorization for Issuance of Awards). 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 22 January 1969. He was honorably released from active duty on 23 October 1970 after completing 1 year, 9 months, and 2 days of total active service. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) he was credited with service in Vietnam from 13 January to 11 June 1970 * item 38 (Record of Assignments) he was assigned for duty in Vietnam with Company C, 2d Battalion, 47th Infantry, 3d Brigade, 9th Infantry Division, from 24 January to 17 June 1970 * item 38 he received "excellent" conduct and efficiency ratings with the exception of one period of "unknown" ratings 4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * Purple Heart * National Defense Service Medal * Vietnam Service Medal (VSM) * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge (M-16 Rifle) * Expert Marksmanship Qualification Badge (M-14 Rifle) 5. Headquarters, 25th Infantry Division, issued: * General Orders (GO) Number 6766, dated 15 June 1970, awarding him the BSM for meritorious service during the period January to June 1970 * GO 6767, dated 16 June 1970, awarding him the ARCOM with "V" Device for his heroism on 13 June 1970 6. His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM. 7. 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 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. 8. A review of the available records indicates entitlement to additional awards and decorations not shown on his DD Form 214. 9. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign. The Vietnam campaigns are listed in appendix B. His record shows his service in Vietnam coincided with two campaigns: Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970) and Sanctuary Counteroffensive (1 May-30 June 1970). 10. Special Orders Number 83, issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, dated 24 March 1969, awarded him the First Class Gunner Marksmanship Qualification Badge with Grenade Bar (now known as the Sharpshooter Marksmanship Qualification Badge). 11. Special Orders Number 114, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 14 May 1969, awarded him the Marksman Marksmanship Qualification Badge with Machinegun Bar. 12. 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 the 2d Battalion, 47th Infantry, was cited for award of the: * Valorous Unit Award (VUA) for the period 1 May to 29 June 1970, by Department of the Army GO (DAGO) Number 43, dated 1972 * RVN Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 20 July 1970, by DAGO 55, dated 1971 * RVN Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969 to 20 July 1970, by DAGO 55, dated 1971 DISCUSSION AND CONCLUSIONS: 1. The applicant was awarded the BSM and ARCOM with "V" Device. Therefore, he is entitled to correction of his DD Form 214 to show these awards. 2. With the exception of one period of "unknown" ratings, the applicant received all "excellent" conduct and efficiency ratings during his service, and there is no record of a commander's disqualification for award of the AGCM. Therefore, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award. 3. He was awarded the VSM and he participated in two campaigns while serving in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on the previously-awarded VSM. 4. He was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar and the Marksman Marksmanship Qualification Badge with Machinegun Bar. Therefore, he is entitled to correction of his DD Form 214 to show these badges. 5. He was assigned to a unit in Vietnam during a period for which it was cited for award of the VUA, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. BOARD VOTE: ____X____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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: a. awarding him the AGCM (1st Award) for the period 22 January 1969 to 23 October 1970; b. deleting the VSM from item 24 of his DD Form 214; and c. adding to item 24 of his DD Form 214 the: * BSM * ARCOM with "V" Device * AGCM (1st Award) * VSM with two bronze service stars * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Machinegun Bar * VUA * RVN Gallantry Cross with Palm Unit Citation * RVN 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. ABCMR Record of Proceedings (cont) AR20110009710 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110009710 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1