IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150012028 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 July 2016 DOCKET NUMBER: AR20150012028 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: * awarding the applicant the Army Good Conduct Medal (1st Award) for the period 9 April 1968 through 12 November 1969 * deleting from his DD Form 214 the Vietnam Service Medal * adding to his DD Form 214 the: * Silver Star * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Presidential Unit Citation * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) __________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 July 2016 DOCKET NUMBER: AR20150012028 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 Silver Star. 2. The applicant states his DD Form 214 does not show the Silver Star he was awarded on 3 November 1970. The Silver Star was awarded after he was discharged from the Army. 3. The applicant provides his DD Form 214 and award orders. 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 9 April 1968 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 6 November 1968 to 10 November 1969 while assigned to Company D, 3rd Battalion, 187th Infantry Regiment. 3. He was honorably released from active duty on 12 November 1969 and he was transferred to the U.S. Army Reserve. His DD Form 214 shows the: * National Defense Service Medal * Army Commendation Medal * Vietnam Service Medal * Combat Infantryman Badge * Vietnam Campaign Medal * Bronze Star Medal * Air Medal 4. The applicant provides General Orders (GO) Number 13102, dated 3 November 1970, issued by Headquarters, 101st Airborne Division, Vietnam, wherein it shows he was awarded the Silver Star for gallantry in action in Vietnam on 18 May 1969. 5. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 29 (Qualification in Arms) that he qualified as expert with the M-14 rifle and as marksman with the M-16 rifle. b. Item 38 (Record of Assignments) that he received all "excellent" conduct and efficiency ratings throughout his service except for the period from 30 August 1968 to 3 September 1968 (5 days) when he was in a student status and received "unknown" ratings. 6. His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award). 7. Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, revealed orders awarding the Silver Star to the applicant. REFERENCES: 1. Army Regulation 672-5-1 (Military Awards) then in effect 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 less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. "Unknown" ratings did not disqualify an individual from being awarded the Army Good Conduct Medal. 2. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of the applicant’s record shows that during his service in Vietnam he participated in four campaigns. 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows the 3rd Battalion, 187th Infantry was cited for award of the: * Presidential Unit Citation for the period 10 May 1969 through 21 May 1969, by DAGO Number 16, dated 1972 * Valorous Unit Award for the period 17 April 1969 through 7 May 1969, by DAGO Number 2, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969, by DAGO Number 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 3 May 1970, by DAGO Number 48, dated 1971 DISCUSSION: 1. GO awarded the applicant the Silver Star which is not shown on his DD Form 214. 2. He served honorably from 9 April 1968 to 12 November 1969. He served in Vietnam, earned the Silver Star, and received all "excellent" conduct and efficiency ratings except for a period of 5 days when he was in a student status and received an "unknown" rating. His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). The evidence indicates he met the criteria for award of the Army Good Conduct Medal (1st Award). 3. His record confirms he participated in four campaigns during his service in Vietnam. Therefore, he is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal. 4. He was assigned to his unit in Vietnam during a period the unit was cited for award of the Presidential Unit Citation, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. None of these unit awards are shown on his DD Form 214. 5. He qualified as expert with the M-14 and as marksman with the M-16; however, his DD Form 214 does not show the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) or Marksman Marksmanship Qualification Badge with Rifle Bar (M-16. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012028 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012028 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2