BOARD DATE: 8 December 2016 DOCKET NUMBER: AR20150015046 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: 8 December 2016 DOCKET NUMBER: AR20150015046 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: * deleting from his DD Form 214 the Vietnam Service Medal and Army Commendation Medal * adding to this DD Form 214 the: * Bronze Star Medal * Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster * Combat Infantryman Badge * Vietnam Service Medal with three bronze service stars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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. BOARD DATE: 8 December 2016 DOCKET NUMBER: AR20150015046 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 award of the Bronze Star Medal and Army Commendation Medal with 1st Oak Leaf Cluster (OLC). 2. The applicant states his DD Form 214 does not list these awards. He has not viewed a copy of his DD Form 214 for over 40 years. He requested copies of his DD Form 214 after meeting with a Department of Veterans Affairs representative. Upon receipt of the form he noticed the omissions. 3. The applicant provides his Army Commendation Medal with 1st OLC and Bronze Star Medal citations, General Orders (GO) Number 5710, DD Form 214, and Honorable Discharge Certificate. 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 the cases 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. 2. The applicant was inducted into the Army of the United States on 21 June 1967 and he held military occupation specialty 11B (Light Weapons Infantryman). 3. He was issued the following orders on/for: * Special Orders (SO) Number 153, 1 August 1967, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * SO Number 245, 22 September 1967, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * SO Number 257, 4 October 1967, awarding him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) 4. He served in Vietnam from 25 May 1968 through 24 May 1969, during three campaigns. He was assigned to Company A, 3rd Battalion, 39th Infantry, 9th Infantry Division. 5. Headquarters, 9th Infantry Division, issued the following orders on/for: * SO Number 204, 22 July 1968, awarding him the Combat Infantryman Badge * GO Number 58, January 1969, awarding him the Army Commendation Medal with "V" Device for heroism on 22 November 1968 * GO Number 4260, 9 April 1969, awarding him the Army Commendation Medal (1st OLC) for achievement from 1 September 1968 to 1 February 1969 (he provided a copy of the resulting citation) * GO Number 5710, 19 May 1969, awarding him the Bronze Star Medal, for meritorious service from May 1968 to March 1969 (he provided a copy of the resulting citation) 6. He was honorably released from active duty, in pay grade E-6, on 24 May 1969 and was transferred to the U.S. Army Reserve. His DD Form 214 lists the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Purple Heart * Army Commendation Medal * Air Medal * Army Good Conduct Medal (1st Award) REFERENCES: 1. Army Regulation 600-8-22 (Military Award) states bronze service stars are authorized for wear on the Vietnam Service Medal to denote campaign participation. 2. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 3rd Battalion, 39th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July to 13 November 1968, by DAGO Number 31, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969, by DAGO 59, dated 1969. DISCUSSION: 1. GO awarded the applicant the Army Commendation Medal with "V" Device and 1st OLC and Bronze Star Medal during his period of service in Vietnam. His DD Form 214 does not list these awards. 2. SO awarded the applicant the Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) during his period of service. His DD Form 214 does not list these awards. 3. He was awarded the Vietnam Service Medal. He also participated in three campaigns during his service in Vietnam. He meets the criteria for award of three bronze service stars for wear on his already-awarded Vietnam Service Medal. The bronze service stars are not shown on his DD Form 214. 4. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for period occurring during his assignment to the unit. His DD Form 214 does not list these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015046 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015046 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2