IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150011590 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: 19 July 2016 DOCKET NUMBER: AR20150011590 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: a. awarding him the Army Good Conduct Medal (AGCM) (1st Award) for the period 3 June 1969 to 9 December 1970; b. deleting from his DD Form 214 the Vietnam Service Medal (VSM); and c. adding to his DD Form 214 – * Bronze Star Medal (BSM) * AGCM (1st Award) * VSM with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm 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. IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150011590 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 (BSM). 2. The applicant states his BSM is not listed on his DD Form 214. 3. The applicant provides a BSM Certificate and Citation. CONSIDERATION OF EVIDENCE: 1. Title 10, United States 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 3 June 1969. 3. His DA Form 20 shows in: * item 38 (Record of Assignments), he was assigned to Service Battery, 5th Battalion, 42nd Artillery in the Republic of Vietnam from 14 January 1970 to 3 December 1970 * item 38 – he received all "excellent" conduct and efficiency ratings throughout his service 4. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 9 December 1970. His DD Form 214 shows he completed 1 year, 6 months, and 7 days of total active service with no lost time. It also shows he was awarded or authorized the: * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * Vietnam Campaign Medal with Device (1960) * Army Commendation Medal (ARCOM) 5. There are no general orders (GO) confirming award of the BSM in his service records and his DA Form 20 (Enlisted Qualification Record) does not list this award as an authorized award in item 41 (Awards and Decorations). 6. His record is void of documentation showing he was the subject of any court-martial convictions during his active duty service. There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM). 7. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Bronze Star Medal pertaining to him. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM 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. 3. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign. The Vietnam campaigns are listed in appendix B. His service in Vietnam coincided with the following three campaigns: Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970), DA Sanctuary Counteroffensive, Phase VII (1 May 1970 – 30 June 1970) and the Vietnam Counteroffensive Phase VII (1 July 1970 – 30 November 1971). 4. 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, United States Army Vietnam and its subordinate units (including the applicant's unit) were cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by Department of the Army General Order (DAGO) Number 8, dated 1974. DISCUSSION: 1. Although his service records do not contain a GO awarding him the BSM, he provides a citation, showing award of the BSM for meritorious achievement in ground combat operations in Vietnam from 8 June 1970 to 12 October 1970. The name, rank, and period of service are consistent with his name, rank, and period of service in Vietnam. The certificate is dated after his release from active duty, which may explain the absence of documentation of this award in his military records. This award is not listed on his DD Form 214. 2. Records show he was awarded the VSM and he participated in three campaigns. His DD Form 214 does not show any bronze service stars. 3. He received all "excellent" conduct and efficiency ratings during his service and there is no evidence of a commander's disqualification for award of the AGCM. This award is not listed on his DD Form 214. 4. He served with Service Battery, 5th Battalion, 42nd Artillery, during the period for which the unit was awarded the RVN Gallantry Cross with Palm Unit Citation. His DD Form 214 does not show this unit award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011590 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011590 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2