IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005817 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the Bronze Star Medal he was awarded for his service during Vietnam. 2. The applicant states, in effect, the Bronze Star Medal was mistakenly omitted from his DD Form 214. 3. The applicant provides a DD Form 214 and a Bronze Star Medal Certificate. 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 in the Army of the United States on 6 November 1967. 3. He was honorably released from active duty on 5 November 1969. His DD Form 214 shows total net creditable active service of 2 years. It does not show the Bronze Star Medal, but does reflect he was awarded or authorized: * National Defense Service Medal * Army Commendation Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * 2 overseas service bars 4. His available service record contains a DA Form 20 (Enlisted Qualification Record). a. Item 29 (Qualification in Arms) shows he qualified as an expert on the M-14 rifle and sharpshooter on the M-16. b. Item 31 (Foreign Service) shows he served in Vietnam from on or about 8 April 1968 to 26 March 1969. He has qualifying service for four campaigns: * Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968) * Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968) * Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969) * Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969) c. Item 38 (Record of Assignments) shows his conduct and efficiency ratings were all "Excellent" throughout his period of service. It also shows while in Vietnam he was assigned to Battery C, 2nd Battalion, (Airmobile), 320th Artillery Regiment, from on or about 20 April 1968 to on or about 26 March 1969. 5. His available records show the following: a. General Orders (GO) Number 2433, dated 18 March 1969, issued by Headquarters, 101st Airborne Division, awarded him the Bronze Star Medal for the period 1 July 1968 to 28 February 1969. b. Additionally, no derogatory information was found, nor was there any indication his former commanders submitted documentation recommending denial of the Army Good Conduct Medal. 6. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. It states: a. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. b. Marksmanship badges are awarded to indicate the degree in which an individual has qualified in a prescribed weapons firing course. 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. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 8. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units during the Vietnam era. It shows the 2nd Battalion (Airmobile), 320th Artillery Regiment was awarded the: a. Republic of Vietnam Civil Actions Honor Medal First Class for the period 18 March 1968 through 2 May 1970, by Department of the Army General Orders (DAGO) Number 48, 1971 and b. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by DAGO Number 51, dated 1971. 9. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures for the completion of the DD Form 214. It states, in pertinent part, item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) will include all decorations, service medals, campaign credits, and badges awarded or authorized. DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant the Bronze Star Medal. His DD Form 214 does not reflect this award. 2. He was awarded a Vietnam Service Medal; however, none of the four campaigns in which he participated are reflected on his DD Form 214. 3. The unit to which he was assigned while in Vietnam received two unit awards and they are not reflected on his DD Form 214. These awards are: * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 4. He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). Neither are listed on his DD Form 214. 5. It also appears his term of service met the criteria for award of the Army Good Conduct Medal (1st Award) during the period 6 November 1967 through 5 November 1969. His records revealed the following: * there is no derogatory information in his available record * he received all "Excellent" ratings for conduct and efficiency throughout his term of service 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 amending his DD Form 214 as follows: a. awarding him the Army Good Conduct Medal (1st Award) for the period 6 November 1967 through 5 November 1969; b. deleting the Vietnam Service Medal; and c. adding the: * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) _____________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) AR20150005817 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005817 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1