IN THE CASE OF: BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150018049 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150018049 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 for the period ending 14 October 1971: * Bronze Star Medal * Army Commendation Medal * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * 3 bronze service stars to be affixed to his already-awarded Vietnam Service Medal 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding him the Army Good Conduct Medal (3rd Award). ___________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: 4 April 2017 DOCKET NUMBER: AR20150018049 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 award of the Army Good Conduct Medal (3rd Award) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Army Good Conduct Medal (3rd Award) * Bronze Star Medal * Army Commendation Medal 2. The applicant states he was never awarded the third award of the Army Good Conduct Medal. He was also awarded the Bronze Star Medal and Army Commendation Medal; but they are not listed on his DD Form 214. 3. The applicant provides: * DD Form 214 for the period ending 14 October 1971 * General Orders (GO) Number 1301 awarding him the Bronze Star Medal * GO Number 600 awarding him the Army Commendation Medal 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's service records are not available for review. An exhaustive search was undertaken to locate his military records which are necessary for the processing of his application. Unfortunately, they could not be found. However, he provides sufficient documents (DD Form 214 and award orders) for the Board to conduct a fair and impartial review of this case. 3. The applicant's available records show he enlisted in the Mississippi Army National Guard (MSARNG) and he entered active duty for training (ACDUTRA) on 12 January 1959. 4. He completed the training requirements and he was awarded military occupational specialty (MOS) 941.10 (Cook). He was honorably released from ACDUTRA on 9 November 1959. His DD Form 214 for this period of service shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 5. The DD Form 214 he provides shows the following entries: * he enlisted in the Regular Army for a 6-year term on 15 October 1965 and at the time of his discharge he held MOS 12C (Bridge Specialist) * he was honorably discharged on 14 October 1971 in the rank/grade of platoon sergeant/E-7 * he completed 6 years of active service, of which 2 years, 4 months, and 21 days was foreign service in the U.S. Army Pacific * he previously completed 3 years, 5 months, and 23 days of other service, for a total of 9 years, 5 months, and 23 days of total service * he served in Vietnam from 17 December 1966 to 16 December 1967 and from 20 August 1970 to 29 June 1971 * he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Purple Heart * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Good Conduct Medal (2nd Award) * Republic of Vietnam Gallantry Cross with silver star * Vietnam Campaign Medal with Device (1960) * Driver Badge with Wheel Bar 6. He provides: a. GO Number 600, issued by Headquarters, U.S. Army Engineer Command, Vietnam, on 18 June 1971, awarding him the Army Commendation Medal for meritorious service from 20 August 1970 to 19 August 1971, while assigned to Company A, 39th Engineer Battalion. b. GO Number 1301, issued by Headquarters, U.S. Army Engineer Command, Vietnam, on 20 September 1971, awarding him the Bronze Star Medal for meritorious achievement from 6 to 20 March 1971, while assigned to Company A, 39th Engineer Battalion. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. During his two tours in Vietnam, campaign participation credit was awarded for the following campaigns: * Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967 * Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968 * Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971 2. 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. 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. 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during the applicant's assignment to the 39th Engineer Battalion, his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 29 October to 11 November 1970 by Department of the Army GO Number 5, dated 1973. 4. Department of the Army GO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. GO awarded the applicant the Bronze Star Medal and the Army Commendation Medal. Neither award is listed on his DD Form 214. 2. GO awarded his units in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Neither unit award is listed on his DD Form 214. 3. He was awarded the Vietnam Service Medal. He also participated in three campaigns during two tours in Vietnam. He is eligible for three bronze services stars to be affixed to his already-awarded Vietnam Service Medal. 4. The Army Good Conduct Medal requires 3 consecutive years of active duty service; the applicant's DD Form 214 shows he completed 6 years of active duty service and had 3 years, 5 months, and 23 days of "other service." Based on the available records, it cannot be confirmed that he completed a third 3-year period of continuous active duty service that may have made him eligible for the Army Good Conduct Medal (3rd 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) AR20150018049 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018049 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2