BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20150019087 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: 1 June 2017 DOCKET NUMBER: AR20150019087 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 27 February 1967 through 4 February 1969 b. Deleting from his DD Form 214 the Vietnam Service Medal; and c. Adding to his DD Form 214 the following awards: * Purple Heart * Combat Infantryman Badge * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Valorous Unit Award * 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: 1 June 2017 DOCKET NUMBER: AR20150019087 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 that he is authorized the Combat Infantryman Badge and that he was awarded the Purple Heart. 2. The applicant states that when he left the military he never reviewed his DD Form 214 because he was interested in going home. He states that it is obvious that the individual who prepared his DD Form 214 made the error. 3. The applicant provides copies of his DD Form 214 and U.S. Total Army Personnel Command Permanent Order 081-1, dated 22 March 2002, awarding him 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. The applicant was inducted into the Army of the United States on 27 February 1967. He completed training in military occupational specialty 11B (light weapons infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 27 July 1967 to 28 July 1968. It also shows in: a. Item 38 (Record of Assignments), he was assigned to 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division from 4 August 1967 to 18 July 1968. It also shows he received all "excellent" conduct and efficiency ratings throughout his active duty service. b. Item 41 (Awards and Decorations), he was awarded the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Vietnam Campaign Medal * Bronze Star Medal with “V” Device * Army Commendation Medal 4. There is no evidence in his records of any court-martial convictions, personnel actions, statements or a commander’s disqualification that would have precluded him from receiving the initial award of the Army Good Conduct Medal. 5. On 4 February 1969, the applicant was honorably discharged. He completed 1 year, 11 months, and 8 days of credible active duty service. His DD Form 214 list the following awards: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Bronze Star Medal with "V" Device * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar 6. On 22 March 2002, U.S. Total Army Personnel Command Permanent Order 081-1 was published awarding the applicant the Purple Heart for wounds received as a result of hostile action on 27 April 1968. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. b. A bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January 1968 – 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April – 30 June 1968) * Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968) 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; 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. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units during the Vietnam era. It shows 1st Battalion, 22nd Infantry Regiment, to which he was assigned, was awarded the: * Valorous Unit Award for the period 30 January to 12 February 1968 by Department of the Army General Order (DAGO) 43, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1970 by DAGO 54, dated 1974 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by DAGO 53, dated 1970 DISCUSSION: 1. Permanent orders awarded the applicant the Purple Heart for wounds received as a result of hostile actions on 27 April 1968. This award is not reflected on his DD Form 214. 2. The applicant's DA Form 20 shows the applicant was awarded the Combat Infantryman Badge. This badge is not reflected on his DD Form 214. 3. The applicant received all "excellent" conduct and efficiency ratings during his active duty service. There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal. He meets the criteria to be awarded the Army Good Conduct Medal (1st Award). 4. The record shows the applicant participated in four campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect four bronze service stars to indicate his campaign participation. 5. General orders awarded the applicant’s unit in Vietnam the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. His DD 214 does not reflect these awards. 6. The applicant is authorized additional awards that are not currently reflected on his DD Form 214. His DD Form 214 should be amended to show all of his 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) AR20150019087 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019087 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2