IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150010032 BOARD VOTE: ____X____ ____X__ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150010032 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 22 April 1966 through 10 December 1968 * deleting from his DD Form 214 the Army Commendation Medal and Vietnam Service Medal and adding the: * Army Good Conduct Medal (1st Award) * Army Commendation Medal (2nd Award) with "V" Device * Vietnam Service Medal with silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Pistol bar (.45 Caliber) _____________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: 21 April 2016 DOCKET NUMBER: AR20150010032 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 Army Commendation Medal with "V" Device. 2. The applicant states he received the Army Commendation Medal for heroism in November 1968. 3. The applicant provides his DD Form 214 and the front page of General Orders (GO) Number 10117, dated 29 November 1968. 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 enlisted in the Regular Army on 22 April 1966. He held military occupational specialty 11B (Light Weapons Infantryman). 3. Special Orders (SO) Number 161, issued by Headquarters, 2nd Brigade, Fort Ord, CA on 10 August 1966, awarded him the 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60). 4. SO Number 146, issued by Headquarters, Fort Polk, LA on 7 June 1966 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 5. SO Number 39, issued by Headquarters, 3rd Battalion, 508th Infantry, Fort Kobbe, awarded him the Marksman Marksmanship Qualification Badge with Pistol bar (.45 Caliber). 6. He served in Vietnam from on or about 14 December 1967 to 13 September 1968. He was assigned to Company D, 2nd Battalion, 501st Infantry, 101st Airborne Division. He participated in 5 campaigns during his service in Vietnam. 7. GO Number 5327, issued by Headquarters, 101st Airborne Division on 4 September 1968 awarded him the Army Commendation Medal for achievement from 1 March to 31 July 1968. 8. He provides the front page of GO Number 10117, issued by Headquarters, 101st Airborne Division on 29 November 1968 awarding him the Army Commendation Medal with "V" Device for heroism on 19 November 1968. 9. He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 10 December 1968. He completed 2 years, 7 months, and 19 days of active service with no lost time. His DD Form 214 shows he was awarded or authorized the: * Vietnam Service Medal * National Defense Service Medal * Parachutist Badge * Vietnam Campaign Medal * Combat Infantryman Badge * Purple Heart * Army Commendation Medal * Bronze Star Medal 10. A review of his service record shows no derogatory information (such as lost time, court-martial conviction) on file. Additionally, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service. REFERENCES: 1. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of at least 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes five bronze service stars. 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 2nd Battalion, 501st Infantry in Vietnam from 14 December 1967 to 13 September 1968, this unit was awarded the below awards for periods coinciding with the applicant's service in the unit: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April to 15 August 1968 by DAGO Number 21, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 to 14 May 1969 by DAGO Number 43, dated 1970 * 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 4. DA Pamphlet 672-3 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. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. DISCUSSION: 1. GO awarded the applicant the Army Commendation Medal with "V" Device for heroism and the Army Commendation Medal for achievement. His DD Form 214 lists the achievement medal but not the valor medal. 2. SO awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Pistol bar (.45 Caliber). None of these badges is shown on his DD Form 214. 3. His unit in Vietnam was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for periods during which he was assigned to the unit. None of these unit awards are listed on his DD Form 214. 4. He was awarded the Vietnam Service Medal. He also participated in five campaigns during his service in Vietnam. His DD Form 214 does not credit him with a silver service star for wear on his already-awarded Vietnam Service Medal. 5. He met the criteria for award of the Army Good Conduct Medal by serving honorably from 22 April 1966 to 10 December 1968, serving in Vietnam, attaining the rank/grade of SGT/E-5, and receiving "excellent" efficiency and conduct ratings throughout his military service. His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010032 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010032 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2