IN THE CASE OF: BOARD DATE: 8 May 2012 DOCKET NUMBER: AR20110020493 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 he served in the Republic of Vietnam (RVN) and award of the Bronze Star Medal with "V" Device. 2. The applicant states the award and his service in the RVN were not recorded on his separation document; however, the information is required to determine his eligibility for veteran benefits. 3. The applicant provides: * his citation for award of the Bronze Star Medal with "V" Device for actions on 4 October 1967 * his DD Form 214 * two DA Forms 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 27 September 1966. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service): Vietnam from 10 March through 1 December 1967; b. item 33 (Appointments and Reductions), he was promoted to specialist four (SP4)/E-4 on 21 September 1967; c. item 38 (Record of Assignments): (1) he was assigned to Company C, 1st Battalion, 2nd Infantry, 1st Infantry Division, U.S. Army Pacific (USARPAC), from 18 March through 20 November 1967; (2) he was transferred to the 249the General Hospital, Camp Drake, Japan in a patient status on 21 November 1967; and (3) he received "excellent" conduct and efficiency ratings throughout his military service, except for an unknown rating for the period he was a patient in a hospital from 21 November 1967 through 8 February 1968; 4. General Orders Number 8612, issued by Headquarters, 1st Infantry Division, dated 1 December 1967, awarded the applicant the Bronze Star Medal with "V" Device for heroism against a hostile force in the RVN on 4 October 1967. 5. A DD Form 214 shows the applicant entered active duty on 27 September 1966 and he was honorably released from active duty on 26 September 1968at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 2 years of total active service. It also shows in: a. item 12 (Last Duty Assignment and Major Command) he was last assigned to Headquarters Company, U.S. Army Training Center Infantry, Fort Dix, NJ; b. item 22c (Statement of Service - Foreign and/or Sea Service) he served in "USARPAC" for 8 months and 21 days; c. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Combat Infantryman Badge 6. The applicant's military service records do not contain any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award). 7. A review of the applicant's military personnel records reveals that he may be authorized or entitled to additional awards that are not shown on his DD Form 214. 8. General Orders Number 241, issued by Headquarters, 93rd Evacuation Hospital, dated 5 October 1967, awarded the applicant the Purple Heart for wounds received in action in the RVN on 4 October 1967. 9. Special Orders Number 253, issued by Headquarters, 1st Training Brigade, Fort Jackson, SC, dated 21 November 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 10. Special Orders Number 009, issued by Headquarters, Fort Polk, LA, dated 10 January 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16). 11. Special Orders Number 016, issued by the same headquarters, dated 17 January 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60). 12. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 13. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) 14. Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Company C, 1st Battalion, 2nd Infantry, 1st Infantry Division, the unit was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1965 to 7 April 1970 by DAGO Number 53, dated 1970 16. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the policies and procedures regarding separation documents and established standardized policy for preparing and distributing the DD Form 214. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance on the preparation of the DD Form 214. It states all available records will be used as a basis for the preparation of the DD Form 214, including the Service Record, Enlisted/Officer Qualification Record, and orders. It shows for a. item 22c, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., Foreign and/or Sea Service (USARPAC)); and b. item 24, enter decorations awarded or authorized during the period covered by the DD Form 214, omitting authorities cited therein. 17. Army Regulation 635-5 (Personnel Separations - Separation Documents), currently in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in the remarks section. DISCUSSION AND CONCLUSIONS: 1. General orders awarded the applicant the Bronze Star Medal with "V" Device for heroism on 4 October 1967 and the Purple Heart for wounds received in the RVN on 4 October 1967. Therefore, his DD Form 214 should be corrected to show these awards. 2. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal. Evidence shows he was awarded the Bronze Star Medal with "V" Device for heroism in the RVN. He was promoted to SP4/E-4 with less than 1 year of active duty service. He received "excellent" conduct and efficiency ratings throughout his military service, except for a 2-month period when he received ratings of "unknown" while he was a hospital patient, which are not disqualifying. It appears the applicant was not awarded the Army Good Conduct Medal as a result of an administrative error. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award. 3. The applicant served during a qualifying period of service for the Vietnam Service Medal. He also participated in two campaign phases during his service in the RVN. Therefore, he is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show this award. 4. He also served during a qualifying period of service in the RVN for the RVN Campaign Medal with Device (1960). Therefore, his DD Form 214 should be corrected to show this award. 5. Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges. 6. The applicant's unit in the RVN was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 should be corrected to show these unit awards. 7. Records show the applicant served 8 months and 21 days of foreign service in Vietnam (USARPAC) and this foreign service is appropriately recorded in item 22c of his DD Form 214. However, current standards state to enter in the remarks section of the DD Form 214 the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" for Soldiers deployed to a foreign country with his/her unit. Although there was no provision for such an entry on the DD Form 214 during the applicant's period of service. there would be no harm in doing so now. Therefore, his DD Form 214 should be corrected accordingly. 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 Army Good Conduct Medal (1st Award) for the period 27 September 1966 through 26 September 1968; b. adding to item 24 of his DD Form 214 the: * Bronze Star Medal with "V" Device * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) c. adding to item 30 (Remarks) of his DD Form 214 the entry "Service in Vietnam from 19670310 – 19671121." ___________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) AR20110020493 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110020493 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1