BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012599 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 BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012599 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20140014005, dated 31 March 2015. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal for the period October 1968 to August 1969 and the Army Good Conduct Medal (1st Award) for the period 13 May 1968 to 10 September 1969; and b. amending his DD Form 214 by deleting the Vietnam Service Medal and adding the: * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation ___________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. BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012599 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 reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision set forth in Docket Number AR20140014005 on 31 March 2015. Specifically, he 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 DD Form 214 was issued before the BSM was added. 3. The applicant provides: * a BSM certificate and citation * a letter from his Member of Congress, dated 7 July 2015 * a letter from the Adams County Veterans Service Officer, undated * an extract from an unknown newspaper article, with photo CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20140014005 on 31 March 2015. 2. The applicant provides letters from his Member of Congress and a Veterans Service Officer, which were not considered by the Board in its original consideration of his request. Therefore, these newly submitted statements constitute new evidence that warrants consideration by this Board. 3. The applicant enlisted in the U.S. Army Reserve (USAR) on 13 May 1964. 4. On 16 April 1968, he was ordered to active duty for a period of 24 months. He entered active duty service on 13 May 1968. 5. His DA Form 20 (Enlisted Qualification) shows he served in the Republic of Vietnam from on or about 13 October 1968 to on or about 3 September 1969, where he participated in four campaigns while assigned to the 826th Ordnance Company. 6. He was honorably released from active duty on 10 September 1969. His DD Form 214 shows he was awarded or authorized the: * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 7. His record is void of orders or other documentation that indicate he was recommended for or awarded the BSM. 8. A review of the U.S. Army Human Resources Command (HRC) Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders pertaining to the applicant. 9. The applicant provides: a. A BSM certificate that shows he was awarded the BSM for meritorious achievement in ground operations against hostile forces, from October 1968 to August 1969, in the Republic of Vietnam. b. A BSM citation that states he was awarded the BSM for meritorious service not involving participation in aerial flight, in connection with military operations against a hostile force in the Republic of Vietnam during the period October 1968 to August 1969, while serving as a Platoon Sergeant for the 826th Ordnance Company. c. Two letters in support of his request, wherein a newspaper article and a shadow box are referenced as evidence of the applicant having received the BSM. d. An extract from a newspaper article with a photograph of an individual receiving an unidentifiable medal. The article states, the applicant "received the Bronze Star Medal on August 28 near Long Binh, Vietnam." 10. A review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214. 11. There is no indication in his available record that shows he was awarded the Army Good Conduct Medal (AGCM). Section 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. There is no evidence in the available record of misconduct or any convictions by courts-martial, and there is no evidence that any of his immediate commanders took action to deny him his initial award of the AGCM. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. Appendix B states a bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. His records indicate he participated in the following campaigns: * Vietnamese Counteroffensive Phase V (1 July - 1 November 1968) * Vietnamese Counteroffensive Phase VI - (2 November 1968 - 22 February 1969) * Tet 69/Counteroffensive (23 February - 8 June 1969) * Vietnam Summer – Fall 1969 (9 June – 31 October 1969) c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the ACGM 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. The enlisted person must have had all "excellent" conduct and efficiency ratings, and he/she could not have been convicted by court-martial. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet shows the 826th Ordnance Company, to which the applicant was assigned, was cited for the Meritorious Unit Commendation (MUC) by Department of the Army General Orders (DAGO) Number 50, dated 1971, during the period 10 February to 31 August 1969. 4. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show he was awarded the BSM was carefully considered. 2. In support of his request, he provides a BSM certificate and citation that indicate he was awarded the BSM. Additionally, he provides a newspaper clipping and photograph that further support his request. The citation mirrors information contained on the BSM certificate he provides. 3. The evidence would support a conclusion that he was, in fact, awarded the BSM at the end of his period of service in the Republic of Vietnam. 4. The applicant served honorably from 13 May 1968 through 10 September 1969. His records show he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal. Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award). 5. The applicant's record shows he served in the Republic of Vietnam from on or about 13 October 1968 through on or about 3 September 1969; he participated in four campaigns during this period of foreign service. His DD Form 214 lists the Vietnam Service Medal as an authorized award; however, it does not reflect the four bronze service stars that should be affixed to it in recognition of his campaign participation. 6. The applicant served a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960). However, this foreign service medal is not shown as an authorized award on his DD Form 214. 7. General orders awarded the unit to which he was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation. These unit awards are not shown on his 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) AR20150012599 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012599 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2