BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160000844 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: 5 September 2017 DOCKET NUMBER: AR20160000844 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 from 14 December 1966 to 30 July 1969; and b. amending his DD Form 214 with an effective date of 30 July 1969 by deleting the Vietnam Service Medal and adding: * Bronze Star Medal * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Valorous Unit Award * Meritorious Unit Commendation (Army) * Vietnam Service Medal with 1 silver service star and 2 bronze service stars * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Mortar Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 a second award of the Army Commendation Medal. _____________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: 5 September 2017 DOCKET NUMBER: AR20160000844 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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 30 July 1969: * Bronze Star Medal * Army Commendation Medal (2 Awards) * Combat Infantryman Badge 2. The applicant states these awards were not included on his 1969 DD Form 214. 3. The applicant provides: * orders for the award of the Bronze Star Medal * three certificates for the Army Commendation Medal * citation for the Army Commendation Medal * certificate for the Combat Infantryman Badge 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 14 December 1966, the applicant enlisted in the Regular Army for 3 years. He completed basic combat and advanced individual training and was awarded military occupation specialty (MOS) 11C (Indirect Fire Infantryman). 3. Headquarters, Fort Polk, Fort Polk, LA Special Orders Number 029, dated 31 January 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 4. Headquarters, 3rd Training Brigade (Infantry), U.S. Army Training Center, Fort Gordon, GA issued the following orders: a. Special Orders Number 41, dated 20 March 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar. b. Special Orders Number 43, dated 24 March 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Mortar Bar. 5. The applicant served in the Republic of Vietnam from 3 December 1967 through 27 July 1969. He participated in seven campaigns. He was assigned to: * 3rd Battalion (Airborne), 187th Infantry from 3 December 1967 to 6 April 1968 * 2nd Battalion (Airborne), 502nd Infantry from 7 April to 26 July 1969 6. Headquarters, 101st Airborne Division issued the following orders: a. Special Orders Number 65, dated 5 March 1968, awarded the applicant the Combat Infantryman Badge. b. General Orders Number 9048, dated 5 November 1968 (provided by the applicant), awarded the applicant the Bronze Star Medal for meritorious service from 1 January 1968 to 31 August 1968. c. General Orders Number 589, dated 18 January 1969, awarded the applicant the Army Commendation Medal for meritorious achievement from 1 July to 30 November 1968. 7. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) indicates the applicant was awarded the Bronze Star Medal and cites General Order 9048 (5 November 1968), Headquarters, 101st Airborne Division as the authority. There are no entries showing awards of the Army Commendation Medal. 8. There is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal. The available evidence does not show any indiscipline or lost time. His records do not contain any adverse information. Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of service. 9. On 30 July 1969, the applicant was released from active duty. He completed 2 years, 7 months, and 17 days of active service that was characterized as honorable. His DD Form 214 shows he was awarded or is authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Parachutist Badge 10. There are no orders in his Military Personnel Records Jacket (MPRJ) for the award of the Army Commendation Medal for the period 1 March 1968 to 31 July 1968. 11. The applicant provided two certificates and a citation awarding him the Army Commendation Medal for exceptionally meritorious achievement during the period 1 March 1968 to 31 July 1968. 12. 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 by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the Army Commendation Medal. REFERENCES: 1. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict. This pamphlet shows: a. During the period of the applicant's assignment to the 3rd Battalion, 187th Infantry the unit was awarded the: * Valorous Unit Award for service during the period from 16 to 22 March 1968 by Department of the Army General Orders (DAGO) Number 2, dated 1971 * Meritorious Unit Commendation (Army) for the period from 14 March 1968 to 3 October 1968 by DAGO Number 22, dated 1976 b. During the period of the applicant's assignment to the 2nd Battalion, 502nd Infantry the unit was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 19 July 1968 to 14 May 1969 by DAGO Number 48, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 1-27a(2) states awards of decorations and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. b. The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers). A silver service star is worn in lieu of five bronze service stars. Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. It 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, 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. There must have been no convictions by a court-martial. DISCUSSION: 1. The applicant's records do not show any indiscipline or lost time, he received "excellent" conduct and efficiency ratings throughout his period of military service, and there is no record of a commander's disqualification. The preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 14 December 1966 to 30 July 1969. 2. Special Orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, Expert Marksmanship Qualification Badge with Mortar Bar, and Combat Infantryman Badge. 3. General Orders awarded him the Bronze Star Medal and the Army Commendation Medal (1st Award). 4. General Orders awarded the 3rd Battalion, 187th Infantry the Valorous Unit Award and the Meritorious Unit Commendation (Army) during his service in that unit. 5. Based on his service with the 2nd Battalion, 502nd Infantry the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 6. Army regulations require that for all personal decorations require a written recommendation, approval through the chain of command, and announcement in orders. A review of ADCARS did not reveal any orders showing he was awarded the Army Commendation Medal. His DA Form 20 does not show he was awarded the Army Commendation Medal. There is no recommendation or orders in his MPRJ for the Army Commendation Medal for the period 1 March 1968 to 31 July 1968. Accordingly, there appears to be insufficient evidence to add additional Army Commendation Medals to his DD Form 214. 7. He participated in seven campaigns during his service in Vietnam. Therefore, he is authorized 1 silver service star and 2 bronze service stars to be worn on his already-awarded Vietnam Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000844 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000844 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2