BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160000855 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: 24 August 2017 DOCKET NUMBER: AR20160000855 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 20 June 1968 through 19 June 1970 * deleting award of the Vietnam Service Medal with two bronze service stars from his DD Form 214 * adding the following awards to his DD Form 214 – * Purple Heart * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Valorous Unit Award * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) ___________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: 24 August 2017 DOCKET NUMBER: AR20160000855 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 Purple Heart. 2. The applicant makes no statement. 3. The applicant provides: * Headquarters, Americal Division, General Orders Number 1442, dated 5 March 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 20 June 1968. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 25 November 1968 through 14 November 1969, where he was assigned: * as a student to the 23d Administration Company Replacement Detachment from 25 November 1968 through 5 December 1968 * as a rifleman to Company C, 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade, from 5 December 1968 through 10 December 1968 * as a rifleman to Company E, 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade, from 11 December 1968 through 14 November 1969 4. He participated in four campaigns during this period. 5. His records contain: * Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 200, dated 7 August 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 237, dated 19 September 1968, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 244, dated 27 September 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Headquarters, Americal Division, General Orders Number 10282, dated 6 October 1969, awarding him the Army Commendation Medal 6. He provided Headquarters, Americal Division, General Orders Number 1442, dated 5 March 1969, awarding him the Purple Heart. 7. He was honorably released from active duty on 19 June 1970 after completing 2 years of active duty service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge 8. There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. His DA Form 20 shows his conduct and efficiency ratings as "excellent" where rated. 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 bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign. 2. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 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. There must have been no convictions by a court-martial. 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 3d Battalion, 1st Infantry Regiment, was awarded the: * Valorous Unit Award for the period 11 August 1969 through 31 August 1969 in Department of Army General Orders Number 43, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 November 1968 through 28 February 1969 in Department of Army General Orders Number 2, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 through 31 December 1969 in Department of Army General Orders Number 42, dated 1972 DISCUSSION: 1. The applicant provided orders awarding him the Purple Heart. His records contain orders awarding him the Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar. His DD Form 214 does not reflect these awards and badges. 2. General orders announced award of the Valorous Unit Award as well as two Republic of Vietnam Gallantry Cross with Palm Unit Citations to the unit to which the applicant was assigned in Vietnam. His DD Form 214 does not show these unit awards. 3. He was authorized award of the Vietnam Service Medal with four bronze service stars. His DD Form 214 shows only two bronze service stars with the Vietnam Service Medal. 4. He served honorably during the period 20 June 1968 through 19 June 1970, completing 2 years of net active service ending with his release from active duty. His conduct and efficiency ratings were "excellent" where rated. There is no evidence in his records of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal. It appears he met the eligibility criteria for the first award of the Army Good Conduct 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) AR20160000855 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000855 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2