IN THE CASE OF: BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20160000161 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: 2 May 2017 DOCKET NUMBER: AR20160000161 BOARD DETERMINATION/RECOMMENDATION: 1. 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 28 August 1967 through 27 August 1969, b. deleting award of the Vietnam Service Medal with one bronze service star from his DD Form 214, and c. adding the following awards to his DD Form 214: * Army Commendation Medal with "V" Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * 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. IN THE CASE OF: BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20160000161 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 Commendation Medal with "V" Device. 2. The applicant states he is providing a letter from a fellow Soldier who was with him at the time of the incident and who was awarded the Army Commendation Medal with "V" Device. He is also attaching general orders showing his own award. He feels the award should be entered on his DD Form 214 for his family to see and realize the danger he was in. 3. The applicant provides: * two applications * letter from a fellow Soldier at the time in question, dated 4 November 2015, and his orders for award of the Army Commendation Medal with "V" Device, dated 8 February 1969 * 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 was inducted into the Army of the United States on 28 August 1967. He departed the continental U.S. for duty in Vietnam on 21 February 1968. He served as a light weapons infantryman assigned to Company B, 2d Battalion, 7th Cavalry Regiment, from 25 February 1968 to 13 February 1969. He participated in four campaigns during his assignment in Vietnam. 3. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 1601, dated 8 February 1969, awarded him the Army Commendation Medal with "V" Device for heroism in the Republic of Vietnam on 5 December 1968. 4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. 5. On 27 August 1969, he was honorably released from active duty in the temporary rank of sergeant after completing 2 years of creditable active service with no time lost. 6. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart (2nd Award) * Combat Infantryman Badge * Air Medal * Bronze Star Medal 7. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. His records contain no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 8. He provided a letter from a fellow Soldier, dated 4 November 2015, stating the applicant was one of the infantrymen who volunteered in the rescue of a wounded Soldier on 5 December 1968. After receiving word of a cavalry unit under attack, their platoon was airlifted to the site of the attack and they rescued the wounded Soldier. The fellow Soldier was awarded the Army Commendation Medal with "V" Device for his actions on 5 December 1968, but the applicant is missing his general orders for this award. 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. 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. 2. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with award of the Vietnam Service Medal for each campaign a member is credited with participating in. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows 2nd Battalion, 7th Cavalry Regiment, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 in Department of the Army General Orders Number 42, dated 1972. 4. Department of the Army Pamphlet 672-3 also shows Company B, 2nd Battalion, 7th Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 19 May 1969 in Department of the Army General Orders Number 59, dated 1969. DISCUSSION: 1. General orders show the applicant was awarded the Army Commendation Medal with "V" Device for heroism in the Republic of Vietnam on 5 December 1968. His DD Form 214 does not show this medal. 2. He participated in four campaigns during his service in Vietnam and is authorized four bronze service stars with his award of the Vietnam Service Medal. These service stars are not shown on his DD Form 214. 3. He completed 2 years of active service, ending with his release from active duty on 27 August 1969. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal. This award is not shown on his DD Form 214. 4. His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service during the period in which he was assigned. These unit awards are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000161 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000161 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2