IN THE CASE OF: BOARD DATE: 5 NOVEMBER 2015 DOCKET NUMBER: AR20150004854 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 reflect award of the Bronze Star Medal. 2. The applicant states he was awarded the Bronze Star Medal, but it is not listed on his DD Form 214. 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Bronze Star Medal Citation 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 23 April 1969. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 4 October 1969 through on or about 8 November 1970 where he was assigned to Headquarters and Headquarters Company, 1st Battalion, 11th Infantry Regiment, 1st Brigade, 5th Infantry Division. He participated in four campaigns. 4. His records contain: a. a Bronze Star Medal Citation announcing his award of the Bronze Star Medal for distinguishing himself by outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period October 1969 through November 1970; and b. Office of the Adjutant General, U.S. Army Administration Center, memorandum, dated 26 April 1971, subject: Transmittal of Award Elements, forwarding award elements for the Bronze Star Medal to the applicant based on Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), General Order Number 1909, dated 20 October 1970. 5. He was honorably released from active duty on 8 November 1970. He completed 1 year, 6 months, and 16 days of total active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * two overseas service bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 6. His DA Form 20 shows he had all "excellent" conduct and efficiency ratings. There is no evidence of a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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 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. 2. Army Regulation 600-8-22 (Military Awards) provides that a bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign. 3. 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 1st Battalion, 5th Infantry Division, was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of Army General Orders Number 5, dated 1973 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1970 by Department of Army General Orders Number 51, dated 1971, as amended by Department of Army General Orders Number 9, dated 1979 DISCUSSION: 1. The applicant's records contain a citation and award transmittal document showing he was awarded the Bronze Star Medal for outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period October 1969 through November 1970. The award transmittal document references Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), General Order Number 1909, dated 20 October 1970, as the authority for award of the Bronze Star Medal. 2. He served honorably during the period 23 April 1969 through 8 November 1970. There is no evidence in his records of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal. 3. He was awarded the Vietnam Service Medal. His records reflect he participated in four campaigns and is authorized four bronze service stars with the Vietnam Service Medal. 4. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. He is authorized these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20150004854 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 0Enclosure 2 ABCMR Record of Proceedings (cont) AR20150004854 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1