IN THE CASE OF: BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150011520 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: 14 June 2016 DOCKET NUMBER: AR20150011520 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 for service during the period 7 September 1967 through 3 August 1969 * deleting from his DD Form 214 the Vietnam Service Medal and Bronze Star Medal, and adding the: * Army Good Conduct Medal (1st Award) * Silver Star * Bronze Star Medal (2nd Award) with "V" Device * Vietnam Service Medal with 4 bronze service stars * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * 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. IN THE CASE OF: BOARD DATE: 14 June 2016 DOCKET NUMBER: AR20150011520 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 (Certificate of Release or Discharge from Active Duty) to show the Silver Star. 2. The applicant states he received the award but it was not added to his DD Form 214. 3. The applicant provides his DD Form 214, General Orders (GO) 3961, and a certificate showing award of the Silver Star. 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 7 September 1967. He held military occupational specialty 11B (Light Weapons Infantryman). 3. Special Orders (SO) Number 298, issued by Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, dated 25 October 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 4. SO Number 009, issued by Headquarters, U.S. Army Training Center, Fort Polk, LA, dated 10 January 1968, awarded him the: * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 5. He served in Vietnam from on or about 6 August 1968 to 2 August 1969. He was assigned to Company A, 1st Battalion, 5th Cavalry, 1st Cavalry Division. 6. Headquarters, 1st Cavalry Division, Vietnam, issued the following SO/GO: * SO Number 285, dated 11 October 1968, awarding him the Combat Infantryman Badge * GO Number 3322, dated 17 March 1969, awarding him the Air Medal for achievement from November 1968 to February 1969 * GO Number 3961, dated 2 April 1969, awarding him the Silver Star for gallantry in action on 10 January 1969 * GO Number 6031, dated 16 May 1969, awarding him the Bronze Star Medal with "V" Device for heroism on 25 February 1969 * GO Number 8182, dated 2 July 1969, awarding him the Bronze Star Medal for service from August 1968 to August 1969 7. He was honorably released from active duty in the rank/grade of staff sergeant (SSG)/E-6 on 3 August 1969. He completed 1 year, 10 months, and 27 days of active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Bronze Star Medal * Air Medal REFERENCE: 1. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal. Paragraph 2-13 states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam from 6 August 1968 to 2 August 1969, campaign participation credit was awarded for the following campaigns: * Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968. * Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969 * TET 69 Counteroffensive, 23 February 1969—8 June 1969 * Vietnam Summer - Fall 1969, 9 June 1969 — 31 October 1969 2. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows during his service with the 1st Battalion, 5th Cavalry, this unit was cited for the following awards: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 May 1969 to 28 February 1970 by DAGO Number 11, dated 1973 * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for service from 1 January 1969 to 1 February 1970 by DAGO Number 42, dated 1972 3. His records do not contain any derogatory information in the form of lost time or conviction by a court-martial. His DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service. 4. Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations. It 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 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. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying. DISCUSSION: 1. GO awarded the applicant the Silver Star for gallantry in action. This award is not listed on his DD Firm 214. 2. GO awarded him two awards of the Bronze Star Medal, one of which is with a "V" Device. His DD Form 214 only reflects one award. 3. SO awarded him the Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). None of these badges are shown on his DD Form 214. 4. He was awarded the Vietnam Service Medal. He also participated in 4 campaigns during his service in Vietnam. He is eligible for award of 4 bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 5. GO awarded his unit in Vietnam 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 during his service. None of these unit awards are shown on his DD Form 214. 6. He meets the criteria for award of the Army Good Conduct Medal (1st Award) in that he: * served honorably from 7 September 1967 to 3 August 1969 * completed 1 year, 10 months, and 27 days of active service * served in Vietnam, attained the rank/grade of SSG/E-6, and received multiple valor awards * received "excellent" conduct and efficiency ratings * had no derogatory information in the form of lost time or conviction by a court-martial //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011520 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011520 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2