IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150002087 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 the Bronze Star Medal, Army Commendation Medal with "V" Device, and a second Air Medal. 2. The applicant states he was recently putting together a display box and realized that not all of his awards were on his DD Form 214. 3. The applicant provides copies of orders, citations, and/or award certificates for the Bronze Star Medal, Army Commendation Medal with "V" Device, and two Air Medals. 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 served on active duty from 15 June 1965 through 4 June 1967 in the military occupational specialty 13B (Light and Medium Field Artillery Crewman). 3. Army Training Center and Fort Leonard Wood Special Orders Number 218, dated 6 August 1965, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar for his qualification firing of the M-14. 4. Headquarters, 82nd Airborne Division Special Orders Number 39, dated 17 February 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar for his qualification firing of the M-16. 5. 1st Cavalry Division General Orders Number 3840, dated 19 November 1966, awarded the applicant the Air Medal for meritorious achievement during the period July 1966 to October 1966. 6. 1st Cavalry Division Special Orders Number 341, dated 7 December 1966, awarded the applicant the Combat Infantryman Badge. 7. 1st Cavalry Division General Orders Number 966, dated 4 March 1967, awarded the applicant the "Air Medal (Basic Award)" for meritorious achievement during the period July 1966 to December 1966. 8. 1st Cavalry Division General Orders Number 1164, dated 24 March 1967, awarded the applicant the Army Commendation Medal with "V" Device for his actions on 27 December 1966. The citation notes that the applicant was wounded during this action. The award certificate issued does not indicate the award was with the "V" device. 9. 1st Cavalry Division General Orders Number 2883, dated 2 June 1967, awarded the applicant the Bronze Star Medal for his service in Vietnam from June 1966 to June 1967. 10. His DA Form 20 (Enlisted Qualification Record) shows – * advancement to sergeant (E-5) on 14 December 1966 * service in Vietnam from 5 June 1966 through 3 June 1967 * assignment to Battery C, 2nd Battalion, 19th Artillery Regiment from 28 July through 22 August 1966 and Battery B, 2nd Battalion, 19th Artillery Regiment from 23 August 1966 through 3 June 1967 * conduct and efficiency ratings of all ?excellent? * award of – * Vietnam Service Medal * Parachutist Badge * National Defense Service Medal * Air Medal * Army Commendation Medal with "V" Device * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 11. The applicant was honorably released from active duty on 4 June 1967. His DD Form 214 shows his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, Combat Infantryman Badge, Air Medal, and the Parachutist Badge. 12. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal. 13. The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review. 14. A review of the Vietnam Casualty Roster failed to locate any reference to the applicant. 15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that while the applicant was assigned to the 2nd Battalion, 19th Artillery Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 16. 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, 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. 17. Army Regulation 600-8-22 (Military Awards) provides that: a. The Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. This regulation also provides that there are no time limitations for requests for award of the Purple Heart. b. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. c. A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam he participated during the following three campaign periods: the Vietnam Counteroffensive, 25 December 1965 - 30 June 1966; Counteroffensive Phase II, 1 July 1966 - 31 May 1967; and the Counteroffensive Phase III, 1 June 1967 - 29 January 1968. d. For award of marksmanship badges, an award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made and has not attained the same qualification. e. Not more than one decoration will be awarded for the same act of heroism or the same period of meritorious service or achievement. DISCUSSION AND CONCLUSIONS: 1. The two orders for the Air Medal overlap: one is for the period July 1966 to October 1966 with the second for the period July 1966 to December 1966. The second order includes the same period as the first order, thereby creating an improper duplicate award for the same period of service. Additionally, the second order specifically states "Basic Air Medal." 2. The applicant's award of the Bronze Star Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation were omitted from his DD Form 214. 3. The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal. 4. The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-4. The record contains no indication of any disqualifying incidents or recommendations. The applicant meets the criteria for award of the first award of the Good Conduct Medal for his period of service from 15 June 1965 through 4 June 1967. 5. The applicant was awarded the Army Commendation Medal with "V" Device; however, the DD Form 214 lists the award as only the Army Commendation Medal, omitting the significant designation of the fact that this was an award for heroism. 6. The applicant's service medical records are not available and the available records, other than the Army Commendation Medal with "V" Device citation, do not record that he received a wound or injury that was the result of hostile action or that there was a record of treatment for a wound sustained as the result of enemy action. 7. However, based on the notation on the award citation showing that he was wounded, the applicant should be shown to have been wounded in action on 27 December 1966 and be authorized award of the Purple Heart. 8. The applicant qualified as a marksman on the M-14 and as an expert with the M-16; neither badge is listed on the DD Form 214. Both weapons are considered service rifles for the purpose of award and wear of the appropriate weapons bar, hence only the latter (M-16) qualification level (expert) should be recorded on his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal and the Army Commendation Medal from the DD Form 214; b. awarding the applicant the Purple Heart for wounds received in action in Vietnam on 27 December 1966; c awarding the applicant the Army Good Conduct Medal (first award) for the period 15 June 1965 to 4 June 1967; c. adding to his DD Form 214, the – * Bronze Star Medal * Army Commendation Medal with "V" Device * Purple Heart * Army Good Conduct Medal (first award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation. * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) d. issuing the applicant a new award certificate to show his Army Commendation Medal with the "V" Device. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of a second Air Medal. _______ _ 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) AR20150002087 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002087 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1