BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160000786 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: 30 May 2017 DOCKET NUMBER: AR20160000786 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 AGCM (First Award) for the period 23 May 1967 through 21 March 1969; b. amending his DD Form 214 to show the SSN listed on his social security card; c. deleting from his DD Form 214 the Vietnam Service Medal and the Air Medal; and d. adding to his DD Form 214: * Army Good Conduct Medal (First Award) * Silver Star * Air Medal (2nd Award) * Presidential Unit Citation * Meritorious Unit Commendation * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * Vietnam Service Medal with four bronze service stars 2. The Board further determined that 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 a second Bronze Star Medal and correcting his rank to show the permanent rank of sergeant (SGT/E-5). _____________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: 30 May 2017 DOCKET NUMBER: AR20160000786 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: * his rank as sergeant (SGT/E-5) * his social security number (SSN) as x0x-xx-xxxx * the following awards: * Silver Star * Bronze Star with Oak Leaf Cluster (2nd Award) * Air Medal with First Oak Leaf Cluster (2nd Award) 2. The applicant states, in effect, that his DD Form 214 lists the incorrect rank, SSN, and awards. 3. The applicant provides copies of his social security card, DD Form 214 and multiple military orders. 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. He completed a DD Form 398 (Statement of Personal History) in conjunction with his entrance processing and his SSN is listed as x0x-xx-xxx on this form. 3. On 23 May 1967, he was inducted into the Army of the United States. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 23 March 1968 to 16 March 1969. His DA Form 20 also shows in: a. Item 33 (Appointments and Reductions), he was advanced to the permanent rank of private first class (PFC/E-3) on 24 November 1967 and the temporary rank of specialist four (SP4/E-4) on 17 June 1968. b. item 38 (Record of Assignment), he was assigned to Company D, 3rd Battalion (Airborne), 187th Infantry, in Vietnam from 2 April 1968 to 16 March 1969 and he received "excellent" conduct and efficiency ratings throughout his service. 4. The applicant’s military records show that Headquarters, 101st Airborne Division, RVN, issued the following orders: a. Special Orders Number 335, on 30 November 1968, appointing/promoting him to the temporary rank of SGT/E5; b. General Orders Number 10514, on 30 November 1968, awarding him the Bronze Star Medal for the period 1 January to 31 August 1968 for meritorious service in the RVN; c. General Orders Number 10520, on 30 November 1968, awarding him the Air Medal for action the RVN on 17 June 1968; d. General Orders Number 2127, on 10 March 1969, awarding him the Air Medal (First Oak Leaf Cluster) for action in the RVN on 8 October 1968; and e. General Orders Number 3698, on 23 April 1969, awarding him the Silver Star for gallantry in action in the RVN on 18 June 1968. 5. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding a second Bronze Star Medal to the applicant. 6. There is no evidence in the available records showing he was awarded the Army Good Conduct Medal (AGCM), nor is there a commander's AGCM disqualification statement in his record. 7. He was honorably released from active duty on 29 March. He completed 1 year, 9 months, and 29 days of total active service. His DD 214 shows in: a. Item 3 (SSN), his SSN is listed as x1x-xx-xxxx b. Item 5a (Grade, Rate or Rank) and 5b (Pay Grade) of his DD Form 214 shows he was released from active duty in the rank of SGT (Temporary). c. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows: * National Defense Service Medal * Combat Infantryman Badge * Bronze Star Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Air Medal d. Item 30 (Remarks) shows the entry "PFC E-3 (P) APTD: 24 NOV 67." 8. He provides a social security card which lists his SSN as x0x-xx-xxxx. REFERENCES: 1. 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 the 3rd Battalion, 187th Infantry, was cited for award of the: a. Presidential Unit Citation for the period 13 June to 23 September 1968 by Department of the Army General Order (DAGO) Number 38, dated 1971. b. Meritorious Unit Commendation for the period 14 March to 3 October 1968 by DAGO Number 22, dated 1976. c. RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969, by DAGO Number 43, dated 1970. d. RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 to 2 May 1970, by DAGO Number 48, dated 1971. 2. 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. 3. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states 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: * Tet Counteroffensive (30 January 1968 to 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968) * Vietnam Counteroffensive V (1 July 1968 to 1 November 1968) * Vietnam Counteroffensive VI (2 November 1968 to 22 February 1969) 4. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form be complete and accurate. The instructions state: a. Items 5a and 5b show the rank/grade in which a member was serving at the time of separation with an indication if permanent or temporary; for example "MSG (T) (Master Sergeant, Temporary), SP4 (P);" and b. If the grade shown in item 5 is not permanent, enter the permanent grade, date of appointment, and date of rank if different from date of appointment in item 30 (Remarks). DISCUSSION: 1. The evidence shows the applicant disclosed his SSN as x0x-xx-xxxx upon his enlistment into the Army of the United States. His DD Form 398 confirms this. It appears an administrative error occurred when his DD Form 214 was processed. 2. General Orders awarded the applicant the Silver Star, Air Medal (2nd Award), Presidential Unit Citation, Meritorious Unit Commendation, RVN Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. The awards were not listed on his DD form 214. 3. The evidence also shows he participated in four campaigns during his service in the RVN. He was already awarded the VSM, but his DD Form 214 does not reflect four bronze service stars. 4. The evidence of record confirms he served honorably during the period 23 May 1967 to 21 March 1969. His record does not contain a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). As such, it appears he meets the regulatory criteria for award of the Army Good Conduct Medal (1st Award). 5. His record is void of orders awarding him a second Bronze Star Medal. 6. Regulatory guidance states the highest pay grade held whether permanent or temporary will be entered in items 5a and 5b of the DD Form 214. However, the permanent pay grade and date of appointment will be entered in item 30. The evidence indicates his DD Form 214 was prepared correctly with respect to his rank. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000786 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000786 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2