BOARD DATE: 28 January 2016 DOCKET NUMBER: AR20150007382 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 Bronze Star Medal. 2. The applicant states he was awarded the Bronze Star Medal in Cu Chi, for heroism in action while fighting enemy forces in the Republic of Vietnam. His Bronze Star Medal was never added to his DD Form 214. 3. The applicant provides copies of: * a self-authored letter to the Board, dated 30 April 2015 * his DD Form 214 for the period ending 20 November 1970 * a small newspaper clipping announcing his receipt 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 9 January 1969. He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade he attained during his period of active service was sergeant/E-5. 3. His record shows he served in the Republic of Vietnam from on or about 18 December 1969 through on or about 19 November 1970. During this period of service he was assigned to: * Company A, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division, from on or about 28 December 1969 through on or about 13 August 1970 * Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division, from on or about 14 August 1970 through on or about 19 November 1970 4. General Orders Number 3736, issued by Headquarters, 25th Infantry Division on 11 April 1970, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 15 March 1970. 5. The applicant was honorably released from active duty on 20 November 1970. 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) * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * one overseas service bar 6. A review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214. 7. General Orders Number 7002, issued by Headquarters, 25th Infantry Division on 22 June 1970, awarded him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam, during the period 1 April 1970 through 31 May 1970. 8. General Orders Number 10837, issued by Headquarters, 25th Infantry Division on 4 November 1970, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam, during the period January 1970 through November 1970. 9. There is no indication in his available record that shows he was awarded the Army Good Conduct Medal. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of a commander's disqualification for the award. Additionally, there is no evidence of any convictions by court-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice. 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, and he/she could not have been convicted by court-martial. 11. Army Regulation 600-8-22 (Military Awards) provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) * Sanctuary Counteroffensive (1 May 1970 – 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971) 12. 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. Company A, 2nd Battalion, 27th Infantry Regiment, the unit to which the applicant was assigned from on or about 28 December 1969 through on or about 13 August 1970, was cited for the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 September 1968 through 30 September 1970, by Department of the Army General Orders (DAGO) 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 DAGO Number 51, dated 1971 b. Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division, the unit to which the applicant was assigned from on or about 14 August 1970 through on or about 19 November 1970, was cited for the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 September 1968 through 30 September 1970, by DAGO Number 5, dated 1973 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 30 April 1966 through 21 January 1970, by DAGO Number 51, dated 1971 DISCUSSION AND CONCLUSIONS: 1. General orders awarded the applicant the Bronze Star Medal with "V" Device, the Army Commendation Medal, and the Army Commendation Medal (1st Oak Leaf Cluster); however, these awards are not listed on his DD Form 214. 2. The applicant served honorably from 9 January 1969 through 20 November 1970. His records show he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal. Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award). 3. His record shows he served in the Republic of Vietnam from on or about 18 December 1969 through on or about 19 November 1970; he participated in three campaigns during this period of foreign service. His DD Form 214 lists the Vietnam Service Medal as an authorized award; however, it does not reflect the three bronze service stars that should be affixed to it in recognition of his campaign participation. 4. The same general orders awarded his units of assignment in the 25th Infantry Division in the Republic of 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 the period in which he was assigned to those units. Therefore, in this case, one each of these unit awards should be reflected on his DD Form 214, but are not currently shown. BOARD VOTE: ___X_____ ___X_____ ___X__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 Army Good Conduct Medal (1st Award) for the period 9 January 1969 through 20 November 1970; and b. Amending his DD Form 214 by deleting the Vietnam Service Medal and adding the following awards: * Bronze Star Medal with "V" Device * Army Commendation Medal (2nd Award) * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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) AR20100015543 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007382 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1