IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009193 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009193 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 22 June 1967 through 20 June 1969 and b. adding the following awards to his DD Form 214: * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The Board further determined 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 amending item 25 of his DD Form 214 to show he served as an instructor. _____________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. IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150009193 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 award of the Bronze Star Medal. He also requests correction of item 25 (Education and Training Completed) of his DD Form 214 to show his assignment as an instructor. 2. The applicant states: a. The Bronze Star Medal is not listed on his DD Form 214. b. He was an instructor with the Ranger Department in the 3d Ranger Company, Student Brigade, Fort Benning, Georgia. He would like this listed under education on his DD Form 214. 3. The applicant provides: * assignment memorandum * Bronze Star Medal orders * Bronze Star Medal Certificate and Citation * Army Commendation Medal Certificate * 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 22 June 1967. 3. Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman) effective 27 October 1967. 4. He served in Vietnam assigned to: * Company B, 3d Battalion, 60th Infantry Regiment, 9th Infantry Division, in duty MOS 11C1O from 28 November 1967 to 11 March 1968 * Headquarters and Headquarters Company, 3d Battalion, 60th Infantry Regiment, 9th Infantry Division, in duty MOS 11C4O from 12 March 1968 to 11 November 1968 5. Item 27 (Military Education) of his DA Form 20 is blank. 6. Headquarters, 9th Infantry Division, General Orders Number 4391, dated 9 June 1968, awarded him the Bronze Star Medal for meritorious service for the period 4 November 1967 to 17 May 1968. 7. Item 38 (Record of Assignments) of his DA Form 20 shows he was subsequently assigned to the 3d Ranger Company, Student Brigade, Fort Benning, in duty MOS 11C4H (infantry indirect fire crewman – instructor) from 13 December 1968 to 31 December 1968; in duty MOS 11C4P (infantry indirect fire crewman – parachutist) from 1 January 1969 to 29 April 1969; and in duty MOS 11B4P (light weapons infantryman – parachutist) from 30 April 1969 until his release from active duty. He received all "excellent" conduct and efficiency ratings throughout his service. 8. On 20 June 1969, he was honorably released from active duty in the temporary rank of sergeant after completing 1 year, 11 months, and 29 days of creditable active service with no time lost. 9. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Combat Infantryman Badge (1st Award) * two overseas service bars * First Class Gunner Badge with Mortar Bar (81 millimeter) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 10. There is no evidence showing he completed instructor training and was awarded special qualification identifier H. 11. There is no evidence indicating he was awarded the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The instructions stated to enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 in item 25. For enlisted personnel, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses completed during the period covered by the DD Form 214. 2. 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 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. 3. 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 Headquarters and Headquarters Company, 3d Battalion, 60th Infantry Regiment, was awarded the: * Presidential Unit Citation for the period 29 January to 4 March 1968 by DAGO Number 45, 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by DAGO Number 31, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 59, dated 1969 DISCUSSION: 1. Orders show he was awarded the Bronze Star Medal. His DD Form 214 does not show this medal. 2. He was honorably released from active duty in the temporary rank/grade of sergeant/E-5 with 1 year, 11 months, and 29 days of total active service and no lost time. He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 22 June 1967 through 20 June 1969 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. 3. Headquarters and Headquarters Company, 3d Battalion, 60th Infantry Regiment, was awarded the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned. His DD Form 214 does not show these unit awards. 4. The applicant requests correction of his DD Form 214 to show his assignment as an instructor in item 25. The instructions for preparation of item 25 in effect at the time stated to enter the following: * service schools, including major courses * military sponsored courses completed in civilian schools and colleges * installation training courses (qualification courses) * military correspondence courses * off-duty courses 5. There is no evidence showing he completed instructor training and was awarded special qualification identifier H and there is no provision for entering duty assignments in item 25 of the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009193 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2