IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150006537 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: * 2 awards of the Army Commendation Medal * Bronze Star Medal * all his other missed campaign medals, ribbons, or badges 2. The applicant states, in effect, his DD Form 214 does not show all his awards and decorations. 3. The applicant provides his DD Form 214, two certificates for award of the Army Commendation Medal, and a certificate for award of the Bronze Star Medal. 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 10 June 1969 and he held military occupational specialty 16F (Artillery Mechanic). 3. Special Orders (SO) Number 220, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ, on 8 August 1969, awarded him the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Grenade Bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 4. He served in Vietnam from 2 February to 19 December 1970. He was assigned to G Battery, 55th Artillery, Americal Division. 5. Headquarters, Americal Division, published the following General Orders (GO): * GO Number 7978, on 4 July 1970, awarded him the Army Commendation Medal for meritorious service from 1 February to 31 May 1970 * GO 14574, on 9 November 1970, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement from 1 July 1970 to 31 October 1970 6. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 20 December 1970. He completed 1 year, 6 months, and 11 days of total active service with no time lost. His DD Form 214 shows he was authorized or awarded the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal * Army Commendation Medal * Republic of Vietnam Campaign Medal with Device (1960) 7. He provides three certificates as follows: a. Certificate, dated 28 July 1970, showing award of the Army Commendation Medal for meritorious achievement from 1 February to 31 May 1970. His service records contains the GO pertaining to this award and it is listed as an authorized award on his DA Form 20 (Enlisted Qualification Record). b. Certificate, dated 11 November 1970, showing award of the Army Commendation Medal first oak leaf cluster for meritorious achievement from 1 July to 31 October 1970. His service records contains the GO for this award. c. Certificate, dated 10 January 1971, showing award of the Bronze Star Medal for meritorious achievement from February 1970 to January 1971. However, he did not provide the GO that confirmed this award. Additionally, his service records do not contain any GO pertaining to this award and it is not listed as an authorized award on his DA Form 20. 8. Army Regulation 600-8-22 (Military Awards): a. states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. During his service in Vietnam from 2 February to 19 December 1970, campaign participation credit was awarded for the Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970), Sanctuary Counteroffensive (1 May - 30 June 1970), and the Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971), campaigns. 9. His records do not contain orders awarding him the Army Good Conduct Medal. However, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings during his military service. 10. 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. 11. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows during his service in Vietnam with Battery G, 55th Artillery, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 31 March 1970 to 30 June 1970 by DAGO Number 42, dated 1972. DISCUSSION AND CONCLUSIONS: 1. GO awarded him two awards of the Army Commendation Medal. His DD Form 214 lists only one award. 2. He provides a certificate for award of the Bronze Star Medal. However, he did not provide the GO and his service records neither contain the GO nor list this award as authorized or awarded. As with all personal decorations, award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. In the absence of the orders or documentation confirming order were published, there is insufficient evidence to support adding this award to his DD Form 214. 3. He was awarded the Vietnam Service Medal. He also participated in three campaigns during his service in Vietnam. He meets the criteria for three bronze service stars for wear on his already-awarded Vietnam Service Medal. 4. He met the criteria for award of the Army Good Conduct Medal by: * serving honorably from 10 June 1969 through 20 December 1970 * serving in Vietnam, attaining the rank/grade of SP4/E-4, and receiving all "excellent" conduct and efficiency ratings throughout his military service * his record contains no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal 5. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. The unit award is not listed on his DD Form 214. 6. SO awarded him the Expert Marksmanship Qualification Badge with Grenade Bar. The badge is not listed 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: * deleting from his DD Form 214 the Vietnam Service Medal and Army Commendation Medal * awarding him the Army Good Conduct Medal (1st Award) for the period 10 June 1969 through 20 December 1970 * adding to his DD Form 214 the Army Good Conduct Medal (1st Award), Army Commendation Medal (2nd Award), Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Expert Marksmanship Qualification Badge with Grenade Bar 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 adding the Bronze Star Medal to his DD Form 214. ____________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) AR20150006537 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006537 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1