IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150007483 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal, the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device, and the Republic of Vietnam Campaign Medal with Device (1960). 2. The applicant states orders were issued for these medals. 3. The applicant provides copies of his DD Form 214 and: * General Orders Number 838, issued by Headquarters, 1st Cavalry Division (Airmobile) on 15 January 1971 * General Orders Number 1405, issued by Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) on 24 July 1971 * General Orders Number 1579, issued by Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) on 25 August 1971 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 22 June 1970. He completed his initial entry training and was awarded military occupational specialty (MOS) 12A (Pioneer). He was awarded MOS 12B (Combat Engineer) at a later date. The highest rank/grade he attained during his period of active service was specialist four/E-4. 3. His records show he served in the Republic of Vietnam from on or about 18 November 1970 through on or about 27 December 1971. During this period of service he was assigned to: * Company C, 8th Engineer Battalion, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), from on or about 29 November 1970 through on or about 11 August 1971 * 501st Engineer Company (Combat), 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), from on or about 12 August 1971 through on or about 27 December 1971 4. General Orders Number 838, issued by Headquarters, 1st Cavalry Division (Airmobile) on 15 January 1971, awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile enemy force in the Republic of Vietnam on 6 December 1970. 5. General Orders Number 1405, issued by Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) on 24 July 1971, awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement in connection with military operations against a hostile enemy force in the Republic of Vietnam during the period 3-31 May 1971. 6. General Orders Number 1579, issued by Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) on 25 August 1971, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period December 1970 through March 1971. 7. General Orders Number 2492, issued by Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile) on 17 December 1971, awarded the applicant the Army Commendation Medal (2nd Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile enemy force in the Republic of Vietnam, during the period April through December 1971. The applicant's last name is incorrectly spelled on these orders; however, the first name, middle initial, social security number, rank, and unit of assignment listed on these orders are consistent with those corresponding data elements on other documents contained within his records. 8. The applicant was honorably released from active duty on 30 December 1971. His DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16/M-14) 9. Army Regulation 600-8-22 (Military Awards) provides that the Republic of Vietnam Campaign Medal with Device (1960) was awarded to all members of the Armed Forces of the United States, by the Government of Vietnam, for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. 10. A review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214. 11. 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. 12. 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 or she could not have been convicted by court-martial. 13. Army Regulation 600-8-22 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 Counteroffensive Phase VII (1 July 1970 – 30 June 1971) * Consolidation I (1 July 1971 – 30 November 1971) * Consolidation II (1 December 1971 – 29 March 1972) 14. 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 C, 8th Engineer Battalion, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), the unit to which the applicant was assigned from on or about 29 November 1970 through on or about 11 August 1971, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 21 February 1970 through 28 February 1971, by Department of the Army General Orders (DAGO) Number 42, dated 1972. b. 501st Engineer Company (Combat), 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), the unit to which the applicant was assigned from on or about 12 August 1971 through on or about 27 December 1971, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 17 September 1965 through 30 June 1972, by DAGO Number 54, dated 1974. 15. Department of the Army Pamphlet 672-3 also states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. DISCUSSION AND CONCLUSIONS: 1. General orders awarded the applicant the Air Medal; however, this award is not listed on his DD Form 214. 2. General orders awarded the applicant the Army Commendation Medal with "V" Device and the Army Commendation Medal with 1st and 2nd Oak Leaf Clusters; however, these awards are not listed on his DD Form 214. 3. The applicant's last name is incorrectly spelled on General Orders Number 2492, which awarded him the Army Commendation Medal with 2nd Oak Leaf Cluster; however, the first name, middle initial, social security number, rank, and unit of assignment listed on these orders are consistent with those corresponding data elements on other documents contained within his records. Therefore, it appears the misspelling of his last name was a matter of administrative error. 4. The applicant served honorably from 22 June 1970 through 30 December 1971. 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). 5. His record shows he served in the Republic of Vietnam from on or about 18 November 1970 through on or about 27 December 1971; 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. 6. His service in the Republic of Vietnam qualifies him for the Republic of Vietnam Campaign Medal with Device (1960); however, this foreign service award is not listed on his DD Form 214. 7. General orders awarded his units of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, during the period in which he was assigned to each unit. However, these unit awards are not shown on his DD Form 214. 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 22 June 1970 through 30 December 1971 and b. amending his DD Form 214 by deleting the Vietnam Service Medal and adding the following awards: * Air Medal * Army Commendation Medal (3rd Award) with "V" Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) _______ _ 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) AR20150007483 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1