IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150003845 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 following awards: * Army Good Conduct Medal (AGCM) * Vietnam Service Medal (VSM) with four bronze service stars * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation 2. The applicant states: a. He was inducted into the U.S. Army on 23 May 1968. He served his country faithfully in close combat during an unpopular conflict. After his discharge, society discouraged him from openly reflecting on his service from which he has no regret. His return to civilian status left him uninformed of the progression, receipt or processes to request and verify his personal and/or unit awards. He was not provided with any information on how to get his records corrected or updated. b. During lunchtime collaboration with some of his fellow Vietnam comrades he learned that he was authorized award of the AGCM for his service. He also learned how to request his military records and where to go to have them corrected. The discovery of inaccuracies and/or awards omissions invigorated him to have his military records corrected so that his family could know and the public record show his true authorized awards. c. He wishes to interact with the multitude of young Soldiers returning from recent and current conflicts. His desire is to support them by sharing similar combat experiences. He cannot be entirely comfortable if his record of awards and decorations is not accurate and verifiable by his DD Form 214. He is fully aware of and support the Stolen Valor Act. His request is only to be recognized for the eligible awards he is retroactively requesting. d. He maintains stalwart faith in his country and the Armed Forces. These corrections will justly convince past, present, and future generations of Soldiers that the nation will gladly acknowledge their submissions for correction regardless of the longevity since their service. 3. The applicant provides: * Letter from the National Personnel Records Center * DD Form 214 * orders * copy of DA Form 20 (Enlisted Qualification Record) * excerpt of AR 600-8-22 (Military Award) * excerpt of DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) 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. On 23 May 1968, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 shows in: * item 31 (Foreign Service), he served a tour of duty in the Republic of Vietnam (RVN) beginning on 28 October 1968 * item 38 (Record of Assignments), he was assigned to – * Company A, 1st Battalion,5th Cavalry, 1st Cavalry Division, from 1 November 1968 to 4 November 1968 * 23rd Administration Company Replacement Detachment from 5 November 1968 to 14 November 1968 * Company D, 1st Battalion, 6th Infantry, 198th Infantry Brigade from 15 November 1968 to 18 October 1969. * item 38 – he received all "excellent" conduct and efficiency ratings throughout his service * item 41 (Awards and Decorations) – * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * Combat Infantryman Badge (CIB) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 4. On 27 April 1970, he was honorably released from active duty after completing 1 year, 11 months, and 5 days of total active service. His DD Form 214 shows he was awarded or authorized the: * NDSM * RVN Campaign Medal with Device (1960) * Overseas Service Bars (2) * VSM * CIB * Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) 5. His record is void of documentation showing he was the subject of any court-martial convictions during his active duty service. There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM. 6. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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. There must have been no convictions by a court-martial. 7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign. The Vietnam campaigns are listed in appendix B. His service in Vietnam coincided with the following four campaigns: * Vietnam Counteroffensive Phase VI (2 November 1968 – 22 January 1969) * Tet 69 Counteroffensive (22 February 1969 – 8 June 1969) * Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) * Vietnam Winter-Spring (1 November 1969 – 30 April 1970) 8. 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 6th Infantry, 1st Battalion was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 24 August 1969 to 31 December 1969, by DAGO 42, dated 1972. DISCUSSION AND CONCLUSIONS: 1. The applicant served in a unit in Vietnam during a period for which the unit was awarded the RVN Gallantry Cross with Palm Unit Citation. This unit award is not listed on his DD Form 214. 2. Records show he was awarded the VSM and he participated in four campaigns. The bronze service stars denoting his campaign participation are not shown on his DD Form 214. 3. He received "excellent" conduct and efficiency ratings during his service and there is no evidence of a commander's disqualification for award of the AGCM. It appears he was not awarded the AGCM as result of an administrative error. 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 23 May 1968 through 27 April 1970; b. deleting from his DD Form 214 the VSM; and c. adding to his DD Form 214 the – * Army Good Conduct Medal (1st award) * Vietnam Service Medal with four bronze service stars * RVN Gallantry Cross with Palm 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) AR20150003845 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003845 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1