BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160000914 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: 19 September 2017 DOCKET NUMBER: AR20160000914 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 his period of service from 18 September 1968 to 10 September 1970 * amending his DD Form 214 as follows: * deleting from item 22c the entry "0-11-3" and adding the entry "1-0-0" * deleting from item 24 the Vietnam Service Medal * adding to item 24 the Bronze Star Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation * deleting from item 30 the entry "Vietnam: 4 Sep 69 – 6 Aug 70" and adding the entry "Vietnam: 4 Sep 69 – 3 Sep 70" ___________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: 19 September 2017 DOCKET NUMBER: AR20160000914 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 the Bronze Star Medal and all other awards he is eligible to receive. 2. The applicant states he was awarded the Bronze Star Medal and it is not listed on his DD Form 214. 3. The applicant provides a copy of his Bronze Star Medal certificate and 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 the cases 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. 2. The applicant was inducted into the Army of the United States on 18 September 1968 and he held military occupational specialty 13B (Field Artillery Crewman). 3. His records contain the following: a. Special Orders (SO) Number 217, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) on 5 August 1970, assigning him to the 22nd Replacement Battalion, Camp Ranh Bay for further assignment to the U.S. Transfer Station, Fort Lewis, WA, with a reporting date of 7 August 1970. b. SO Number 229, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA on 17 August 1970, amending SO Number 217, dated 5 August 1970, by assigning him to the U.S. Transfer Station, Fort Sheridan, IL, with a reporting date of 8 September 1970. c. General Orders (GO) Number 1491, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) on 20 August 1970, awarding him the Bronze Star Medal for meritorious service in connected with military operations against a hostile force in Vietnam from September 1969 to September 1970. 4. He was honorably released from active duty on 10 September 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training). He was credited with completing 1 year, 11 months, and 23 days of active service. His DD Form 214 lists in: * Item 22c (Statement of Service – Foreign and/or Sea Service) – 11 months and 3 days and the entry USARV (U.S. Army Vietnam) * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) show the – * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Commendation Medal * Vietnam Service Medal * Vietnam Campaign Medal * Item 30 (Remarks) – Vietnam: 4 Sep 69 – 6 Aug 70 5. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Foreign Service) – he served in Vietnam from 4 September 1969 to 3 September 1970 (a period of 1 year) * Item 38 (Record of Assignments) – * he was assigned to Battery A, 5th Battalion, 4th Artillery, 1st Infantry Brigade, 5th Infantry Division (Mechanized), from 16 September 1969 to on or about 3 September 1970, during four campaigns * he received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) during his period of service * Item 41 (Awards and Decorations) – all the awards listed on his DD Form 214, excluding the Vietnam Campaign Medal 6. An audit of his records failed to reveal orders authorizing him additional awards during his period of service. 7. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 additional award orders pertaining to the applicant. 8. He provided a copy of a certificate, dated 1 August 1970, awarding him the Bronze Star Medal for meritorious achievement in ground operations against a hostile force in Vietnam from September 1969 to September 1970. REFERENCES: 1. Army Regulation (AR) 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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-marital. 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. 2. AR 600-8-22 (Military Award) states a bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation. 3. Department of the Army GO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973. DISCUSSION: 1. GO awarded the applicant the Bronze Star Medal for meritorious service in Vietnam from September 1969 to September 1970. His DD Form 214 does not list this award. 2. He completed over 1 year of honorable service and received "excellent" conduct and efficiency ratings throughout his period of service. He served in Vietnam earning the Bronze Star Medal and Army Commendation Medal. There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award). He meets the criteria for award of the Army Good Conduct Medal (1st Award) for his period of service from 18 September 1968 to 10 September 1970. 3. He participated in four campaigns in Vietnam and he is authorized award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal. His DD Form 214 does not list these service stars. 4. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. His DD Form 214 does not list this unit award. 5. As a related item, the evidence shows the applicant served in Vietnam from 4 September 1969 to on or about 3 September 1970, a period of 1 year, vice 4 September 1969 to 6 August 1970, a period of 11 months and 3 days as currently listed 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) AR20160000914 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000914 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2