IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017832 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: 18 April 2017 DOCKET NUMBER: AR20150017832 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 11 July 1967 to 18 February 1969. b. correcting item 9 (Date of Birth) by removing the current entry and adding the entry 15 December 1947. c.  amending item 24 (Decorations, Medals, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 by: * deleting the Bronze Star Medal and the Vietnam Service Medal * adding – * Bronze Star Medal with "V" Device * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 1 silver service star * Navy Unit Commendation * 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: 18 April 2017 DOCKET NUMBER: AR20150017832 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 with "V" Device and the Purple Heart and to correct the year of his birth to 1947 vice 1948. He also requests the appropriate medal sets. 2. The applicant states there was an administrative oversight. 3. The applicant provides copies of orders for the Bronze Star Medal with "V" Device and the Purple Heart. 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. Service medals and awards are not issued by the ABCMR. However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri 63138. This issue will not be further addressed in this Record of Proceedings. 3.  The applicant was inducted and entered active duty on 11 July 1967. He listed his date of birth as 15 December 1947 on his DD Form 398 (Statement of Personal History). 4.  His DA Form 20 (Enlisted Qualification Record) shows: a.  military occupational specialty (MOS) 11B (light weapons infantryman); b.  service in the Republic of Vietnam (RVN) – * arrived on or about 21 December 1967 * assigned to 3rd Battalion, 21st Infantry from 5 January through 9 November 1968 * assigned to Headquarters and Headquarters Company, 196th Light Infantry Brigade from 10 November 1968 through 17 February 1969 * departed on or about 18 February 1969 c.  awarded – * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Bronze Star Medal with "V" Device * RVN Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar d.  he qualified with the M-60 Machine Gun, but it does not specify the level and neither does the corresponding order in his record; and e.  his conduct and efficiency ratings were exclusively excellent. There is no evidence of any disciplinary action. The applicant was advanced to specialist four, pay grade E-4 on 25 February 1968 5.  The applicant submitted in support of his request and his records contain: a.  Headquarters, 2d Surgical Hospital (Mobile Army), General Orders Number 91, dated 14 April 1968 awarding him the Purple Heart for wounds sustained in action on 13 April 1968. b.  Headquarters, Americal Division, General Orders Number 2338, dated 2 May 1968 awarding him the Bronze Star Medal with "V" Device for heroic actions on 13 April 1968. The citation states that he continued to move his comrades to a safer place despite his wounding by hostile fire during the initial action with enemy forces. 6.  On 18 February 1969 the applicant was honorably released from active duty and transferred to the U.S. Army Reserve. He was issued a DD Form 214 showing he completed 1 year, 7 months, and 8 days of active service with no lost time. a. Item 9 (Date of Birth) shows his year of birth as 1948. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows – * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar * RVN Campaign Medal with Device (1960) * Vietnam Service Medal * 2 overseas service bars [worn on uniform sleeve] * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar * Combat Infantryman Badge * Bronze Star Medal REFERENCES: 1. 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 will be awarded for wear on medal for participation in each campaign. A silver service star is worn in lieu of five bronze service stars; qualifying campaign periods coinciding with the applicant's tour of duty include: * Vietnam Counteroffensive Phase III (June 1967 - 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) * Vietnam Counteroffensive Phase V (July - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969) 2.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows the 3rd Battalion, 21st Infantry is authorized the: * Navy Unit Commendation for the period 1 through 16 May 1968 by Department of the Army General Order (DAGO) Number 32, 1972 * RVN Gallantry Cross with Palm Unit Citation by DAGO Number 8 published in 1974 which announced award of the RVN 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 3.  Army Regulation 672-5-1 (Awards), in effect at the time, 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 4.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. 5.  Army Regulation 670–1 (Wear and Appearance of Army Uniforms and Insignia) provides that overseas Service Bars are uniform items. [During the Vietnam War era overseas service bars were almost universally (and erroneously) entered as awards on DD Forms 214.] DISCUSSION: 1. General orders awarded him the Bronze Star Medal with "V" Device and the Purple Heart. His DD Form 214 incorrectly lists the Bronze Star Medal. Therefore, this award should be removed and the correct award added, to include the Purple Heart. 2. He was awarded the Vietnam Service Medal. Additionally, he participated in five campaigns during his service in Vietnam. He is eligible for one silver service star for wear on his already-awarded Vietnam Service Medal. The service star was not recorded on his DD Form 214. 3. General orders award his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Navy Unit Commendation. These unit/foreign awards do not appear on his DD Form 214. 4. The applicant appears to meet the criteria for award of the Army Good Conduct Medal (1st Award) in that: * he served honorably from 11 July 1967 to 18 February 1969 and he attained the rank/grade of specialist four/pay grade E-4 * he served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no record of disciplinary actions or a commander's disqualification * there is no record of any derogatory information in his service record //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017832 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017832 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2