BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150018285 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: 9 May 2017 DOCKET NUMBER: AR20150018285 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 for the period 25 June 1964 to 24 June 1967; b. deleting from his DD Form 214 the Vietnam Service Medal and Vietnam Campaign Medal; c. adding to his DD Form 214: * Army Commendation Medal * Presidential Unit Citation * Meritorious Unit Commendation * Valorous Unit Award * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Machinegun (M-60) Bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) _____________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: 9 May 2017 DOCKET NUMBER: AR20150018285 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 Army Commendation Medal and the Army Good Conduct Medal. 2. The applicant states he had no problems with conduct while serving and was honorably discharged. 3. The applicant provides a copy of his DD Form 214 and a citation for award of 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. On 25 June 1964, the applicant enlisted in the Regular Army for 3 years. He was trained as an infantry direct fire crewman. 3. Special Orders Number 251, Fort Polk, Louisiana, dated 26 October 1964 announced the applicant’s qualification as a marksman with the M-14 rifle. 4. Special Orders Number 254, Fort Polk, Louisiana, dated 29 October 1964 announced the applicant’s qualification as a 1st class gunner (sharpshooter) with the M-60 machine gun. 5. Special Orders Number 51, Headquarters, 82nd Airborne Division, dated 4 March 1965, announced the applicant’s qualification as a sharpshooter with the M-16 rifle. 6. On 30 November 1965, the applicant departed Fort Bragg, North Carolina, for duty in the Republic of Vietnam. 7. On 6 January 1966, the applicant was assigned to Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry Regiment, 1st Brigade, 101st Airborne Division. 8. General Orders Number 1171, 1st Brigade, 101st Airborne Division, dated 15 November 1966, announced the applicant’s award of the Army Commendation Medal for meritorious service in the Republic of Vietnam from 28 December 1965 to 15 November 1966. 9. On 26 June 1967, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E4 and had completed 3 years and 2 days of creditable active duty. His DD Form 214 shows his awards as: * Parachutist Badge * Armed Forces Expeditionary Medal * Combat Infantryman’s Badge * Vietnam Service Medal * Vietnam Campaign Medal * National Defense Service Medal 10. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows all of his conduct and efficiency ratings as excellent. The applicant’s records do not contain any evidence of disciplinary action. There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), Appendix B, shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaigns: Vietnam Counteroffensive and Vietnam Counteroffensive, Phase II. A bronze service star is authorized for wear on the Vietnam Service Medal for each approved campaign. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows that Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 73, dated in 1968, for award of the Presidential Unit Citation. DAGO Number 1, dated in 1969, announced award of the Meritorious Unit Commendation and the Valorous Unit Award. DAGO Number 21, dated in 1969, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 3. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. DISCUSSION: 1. General orders awarded the applicant the Army Commendation Medal for meritorious service while in the Republic of Vietnam. 2. The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four and achieving all "excellent" conduct and efficiency ratings. Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. 3. The applicant participated in two campaign periods during his service in the Republic of Vietnam. Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 4. Records show the applicant’s unit was cited in general orders for award of the Presidential Unit Citation, the Meritorious Unit Commendation, and the Valorous Unit Award. 5. Records show the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 6. Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018285 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018285 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2