IN THE CASE OF: BOARD DATE: 18 February 2016 DOCKET NUMBER: AR20150007358 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) by adding all awards to which he is entitled. 2. The applicant states his DD Form 214 is missing several awards, specifically, the Army Good Conduct Medal, Vietnam Service Medal with bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a host of other citations earned while serving with the 101st Airborne Division. Additionally, he believes his Bronze Star Medal merited an appurtenance; however, he is unsure whether it warrants a "V" device or an "M" device. 3. The applicant provides a copy of his DD Form 214. 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 9 February 1969. 3. Special Orders Number 52, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, Georgia, on 4 March 1969, awarded him the Expert Marksmanship Qualification Badge with Grenade Bar. 4. Special Orders Number 11, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, Georgia, on 16 January 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 20 February 1970 to 17 December 1970, where he was assigned to Headquarters and Headquarters Company and Band, 101st Airborne Division Support Command, from 5 March 1970 to 17 December 1970. 6. General Orders Number 13323, issued by Headquarters, 101st Airborne Division (Airmobile) on 7 November 1970, awarded him the Bronze Star Medal for service during the period from 1 February 1970 to 31 October 1970. 7. He was honorably released from active duty on 23 December 1970. His DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * 1 overseas service bar 8. A review of the applicant's record shows no derogatory information in the form of court-martial convictions, nonjudicial punishment, lost time, or misconduct that may have potentially disqualified him from being positively considered for his initial award of the Army Good Conduct Medal for the period 9 February 1969 through 23 December 1970. His record is void of evidence that shows his commander sought to deny him award of the Army Good Conduct Medal during his period of service. He received excellent conduct and efficiency ratings and he was honorably released at the end of his term of service. 9. 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. 10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. The "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with award of the Bronze Star Medal. The "V" device must be approved by the proper authority and announced in official orders. c. The "M" device is authorized for wear on the Armed Forces Reserve Medal by members of the Reserve components who are called to or who volunteer and serve on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense. The "M" device is not authorized for wear on any decoration other than the Armed Forces Reserve Medal. d. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participation. Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns: * Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970) * DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970) * Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971) 11. 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: a. Headquarters, United States Army Vietnam and its subordinate units [including the applicant's unit] were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by Department of the Army General Order (DAGO) Number 8, dated 1974. b. Headquarters and Headquarters Company and Band, 101st Airborne Division Support Command, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his Bronze Star Medal merited an appurtenance; however, he is unsure whether it warrants a "V" device or an "M" device. The evidence of record shows the applicant was awarded a Bronze Star Medal; however, it was awarded for service, not for heroism. 2. When a Soldier is awarded the Bronze Star with "V" Device in recognition of heroism, the "V" device must be approved and properly announced in the orders along with the Bronze Star Medal. The "M" device is not authorized for wear on the Bronze Star Medal. 3. There is no evidence of heroic actions that could have warranted the addition of the "V" device with his Bronze Star Medal. Accordingly, the Applicant's Bronze Star Medal was properly listed on his DD form 214. 4. His record does not contain orders awarding him the Army Good Conduct Medal and this award is not listed on his DD Form 214. However, he appears to meet the criteria for award of the Army Good Conduct Medal in that: * he served honorably during the period 9 February 1969 through 23 December 1970 * he received excellent conduct and efficiency ratings * his records do not contain any derogatory information in the form of court-martial convictions, nonjudicial punishment, lost time, or misconduct that may have potentially disqualified him from being positively considered for his initial award of the Army Good Conduct Medal * there are no entries in his record to indicate that his commander denied him this award 5. His DD Form 214 does show he was awarded the Vietnam Service Medal; however, it does not include the three bronze service stars he is authorized to denote his participation in three campaigns. 6. The Republic of Vietnam Campaign Medal with Device (1960) has already been listed on his DD Form 214; as such, no correction is required with regard to this award. 7. Special orders awarded him the Expert Marksmanship Qualification Badge with Grenade Bar and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). These marksmanship badges were not listed on his DD Form 214. 8. General orders awarded his units the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for periods during which he was assigned; however, these unit awards are 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: a. awarding him the Army Good Conduct Medal (1st Award), for the period 9 February 1969 through 23 December 1970; and b. amending his DD Form 214 by deleting the Vietnam Service Medal and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Grenade Bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 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 an appurtenance to the Bronze Star 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) AR20150007358 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007358 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1