BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150018432 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 BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150018432 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: a.  awarding him the Army Good Conduct Medal (1st Award) for the period 25 June 1970 through 1 May 1973; b. voiding his current DD Form 214 and two DD Forms 215; c.  issuing him a new DD Form 214 with the previously recorded information, with the exception of item 24; d.  adding the following awards to item 24 of his reissued DD Form 214: * Bronze Star Medal with "V" Device * Purple Heart * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) e.  adding the entry "DD FORM 214 ADMINISTRATIVELY ISSUED/ REISSUED ON (date)" to item 30 of his reissued DD Form 214. 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 award of the Army Service Ribbon. _____________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: 28 March 2017 DOCKET NUMBER: AR20150018432 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: * Army Good Conduct Medal * Army Service Ribbon 2. The applicant states the error was due to a lack of proper documentation when his original DD Form 214 was prepared. 3. The applicant provides: * DD Form 214 * two DD Forms 215 (Correction to DD Form 214) 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 enlisted in the Regular Army on 25 June 1970. 3. Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Special Orders Number 236, dated 25 August 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 4. He served in Vietnam during the period 5 January 1971 through 11 June 1971 and he participated one campaign. 5. Headquarters, U.S. Army Engineer Command, Vietnam, General Orders Number 625, dated 19 June 1971, awarded him the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 19 May 1971. These orders show he was assigned to the 984th Engineer Company, 62nd Engineer Battalion. 6. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his service. His records are void of documentation showing he was awarded the Army Good Conduct Medal. There is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. 7. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 8. On 1 May 1973, he was honorably released from active duty and transferred to an Army National Guard unit to complete his military service obligation. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 9. U.S. Total Army Personnel Command Permanent Orders 073-03, dated 13 March 2000, awarded him the Bronze Star Medal with "V" Device for heroism in ground combat on 19 May 1971. These orders superseded any previously issued orders that may have been published announcing this award. 10. On 21 March 2000, he was issued a DD Form 215 that added award of the Bronze Star Medal with "V" Device to his DD Form 214. 11. On 4 April 2011, the Army Review Boards Agency Case Management Division requested administrative correction of his records by issuance of a DD Form 215 to add award of the Purple Heart. 12. On 27 July 2011, he was issued a DD Form 215 that deleted award of the Vietnam Campaign Medal from his DD Form 214 and added award of the Purple Heart and Republic of Vietnam Campaign Medal with Device (1960). 13. His records are void of and he failed to provide any evidence showing he performed military service on or after 1 August 1981. REFERENCES: 1. 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 the 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. 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. b.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for this award upon successful completion of initial entry training. The Army Service Ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. 3.  Department of the Army General Order 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. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a.  The instructions for item 24 stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized from the DA Form 20, omitting authorities cited therein. b.  Later versions of the regulation provided: (1)  The DD Form 214 would be corrected only by issuance of a DD Form 215 or re-issuance of a new DD Form 214 if the separatee had departed from the transfer activity or if distribution has been made. (2)  Do not reissue the DD Form 214, once issued, except when: directed by proper appellate authority, executive order, or by the Secretary of the Army; it is determined that the corrections to be made will not fit within the correction block of a single DD Form 215; two DD Forms 215 had been issued and an additional correction was required; or the character of service was changed. (3)  When a DD Form 214 was issued or reissued, enter that fact and the date in the "Remarks" section of the DD Form 214 unless the appellate authority, executive order, or Secretarial directive specifies otherwise. 5. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. It states when a DD Form 214 is administratively issued or reissued, enter "DD FORM 214 ADMINISTRATIVELY ISSUED/REISSUED ON (date)." However, do not make this entry if the appellate authority; executive order; or Headquarters, Department of the Army, directs otherwise. DISCUSSION: 1. The applicant served honorably during the period 25 June 1970 through 1 May 1973 for a total of 2 years, 10 months, and 7 days of active service. 2. He received "excellent" conduct and efficiency ratings during this period with no disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal. 3. He served in Vietnam and participated in one campaign. He is authorized award of the Vietnam Service Medal with one bronze service star. The bronze service star is not shown on his DD Form 214. 4. The Army Service Ribbon was established on 10 April 1981. Award of this medal was retroactive provided the Soldier had an Active Army status on or after 1 August 1981. His records are void of and he failed to provide any evidence showing he held an Active Army status on or after 1 August 1981. 5. Department of the Army general orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all Army units serving in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018432 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018432 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2