BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160001344 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: 13 June 2017 DOCKET NUMBER: AR20160001344 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. deleting award of the Bronze Star Medal and Vietnam Service Medal from his DD Form 214 and b. adding the following awards to his DD Form 214: * Bronze Star Medal (2nd Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Silver Star * Korea Defense Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal Firs Class Unit Citation (2nd Award) 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 the Army Good Conduct Medal, Certificate of Achievement, Presidential Unit Citation, and certificate for parachute training with the Republic of Vietnam Armed Forces. _____________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: 13 June 2017 DOCKET NUMBER: AR20160001344 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: a. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * Republic of Vietnam Gallantry Cross * Bronze Star Medal with 1st Oak Leaf Cluster * Army Good Conduct Medal * Certificate of Achievement * Presidential Unit Citation * Korea Defense Service Medal * Certificate from the Republic of Vietnam Armed Forces b. item 25 (Education and Training), the certificate for parachute training with the Republic of Vietnam Armed Forces. 2. The applicant states his DD Form 214 does not include the above entries which he believes resulted due to administrative errors. His DD Form 214 shows his Vietnam service dates and combined foreign service dates (he served in Korea for approximately 8 months prior to his Vietnam service). He believes he was awarded the Presidential Unit Citation, but is not listed on his DD Form 214. He also believes his service in Korea qualifies him for the Korea Defense Service Medal. The two certificates that he provided were issued to him in Vietnamese for his service in Vietnam. The first appears to translate into English as parachute training jointly conducted by the United States and the Republic of Vietnam Armed Forces. The second certificate appears to translate as a citation for devoted service and achievement from the Republic of Vietnam Department of Defense. The applicant is 70 years of age and he is not in good health. 3. The applicant provides: * DD Form 214 * Bronze Star Medal Citation * Certificate of Achievement * two foreign documents * extract of Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) * DA General Orders (DAGO) Number 53, dated 22 October 1970 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 enlisted in the Regular Army on 2 January 1968. He completed the 12-week Veterinary Specialist Course and he was awarded military occupational specialty 91T (Veterinary Specialist). 3. He served in Korea from on or about 6 January to 20 September 1969. He was assigned as follows: * 6 January to 11 January 1969, 106th Medical Detachment * 11 January to 20 September 1969, 477th Medical Company 4. He also served in Vietnam from 20 September 1969 to 19 September 1970. He was assigned as follows: * 5 October 1969 to 18 February 1970, 35th Infantry Platoon (Scout Dogs), 1st Infantry Division * 18 February to 16 September 1970, Headquarters and Headquarters Company, 5th Special Forces Group (Airborne) 5. DAGO Number 1696, issued by Headquarters, 5th Special Forces Group (Airborne), on 25 August 1970, awarded him the Bronze Star Medal for meritorious achievement from 20 February to 2 September 1970. 6. DAGO Number 2056, issued by Headquarters, 5th Special Forces Group (Airborne), on 2 October 1970, awarded him the Bronze Star Medal with 1st Oak Leaf Cluster for meritorious achievement from 20 February to 1 July 1970. 7. On 19 September 1970, he was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5. His DD Form 214 shows he completed 2 years, 8 months, and 18 days of active service with no lost time. It also shows in: a. Item 24, he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Armed Forces Expeditionary Medal * Combat Medical Badge * Parachutist Badge * Bronze Star Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) b. Item 25, Walter Reed Army Medical Center, Washington, DC, 12 weeks, Veterinary Specialist. c. Item 30 (Remarks), Vietnam Service 20 September 1969 to 19 September 1970. 8. His records do not contain any derogatory information in the form of lost time, conviction by court-martial, or nonjudicial punishment. His records also do not contain orders awarding him the Army Good Conduct Medal. Furthermore, his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service with the exception of a "good" conduct rating while assigned to the 477th Medical Company. 9. The applicant provided: a. a Bronze Star Medal Citation for award of the Bronze Star Medal for meritorious achievement from 20 February to 1 July 1970. b. a document, dated 18 December 1970, showing the Commanding Officer of the Vietnam Special Forces awarded him a Certificate of Achievement at the Division Level that was authorized by the Chief of Staff of the Republic of Vietnam Armed Forces for his devotion to duty as an excellent advisor. This document is also signed by a U.S. Army First Lieutenant H____ J. P____, Infantry, who is identified as the Assistant Adjutant. This document also states it is "A TRUE TRANSLATION" (presumably for the two foreign documents the applicant provided that appear to be written in Vietnamese). REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. Paragraph 1-19 (Duplication of Awards) states: (1) Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. (2) The award of a decoration for wartime service does not preclude a service award at the termination of a permanent change of station or expiration term of service assignment. These recommendations will not refer to wartime service, which have been previously recognized by award of a decoration during the award period. (3) Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award. If appropriate, an award may be made to include the extended period of service by superseding the earlier award, or the award previously made may be amended to incorporate the extended period of service. 2. AR 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended 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. DA Pamphlet 672-3 shows during his service with the 35th Infantry Platoon from 5 October 1969 to 18 February 1969 in Vietnam, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 June 1966 to 7 April 1970 in DAGO Number 53, dated 1970. 4. DA Pamphlet 672-3 shows during his service with HHC, 5th Special Forces Group (Airborne), from 20 February 1969 to 16 September 1970, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1968 to 24 September 1970 in DAGO Number 48, dated 1971. (Prior to the applicant's assignment to this unit, the unit was awarded the Presidential Unit Citation for service from 1 November 1966 to 31 January 1968 and the Meritorious Unit Commendation for service from 31 January to 31 December 1968.) 5. AR 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 6. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 7. DA Pamphlet 672-3 further states the Republic of Vietnam Gallantry Cross was awarded by the Vietnamese Government for valorous combat achievement in four degrees, as follows: * With Palm—To a unit which is cited before the Armed Forces * With Gold Star—To a unit which is cited before a Corps * With Silver Star—To a unit which is cited before a Division * With Bronze Star—To a unit which is cited before a Regiment/Brigade 8. AR 600-8-22 states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the campaigns below. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. * Vietnam Summer - Fall 1969, 9 June - 31 October 1969 * Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970 * Sanctuary Counteroffensive, 1 May - 30 June 1970 * Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971 9. AR 600-8-22 also provides for the issuance of certificates of achievement. It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a certificate of achievement or commendation of local design. Certificates of achievement or commendation will be issued under such regulations as the local commander may prescribe. If a locally-designed certificate of achievement or commendation is printed for use according to this regulation, it may bear reproductions of insignia. The citation on such certificates will not be worded so that the act of service performed appears to warrant the award of a decoration. No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement or commendation. Copies of certificates of achievement or commendation or memoranda of record stating that a certificate of achievement or commendation has been awarded and citing the service recognized will be distributed to the official military personnel file. 10. AR 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance on the preparation of the DD Form 214. The instructions for item 25 stated to enter service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214. For enlisted personnel, enter installation training courses (qualification courses) the enlisted person had successfully completed. DISCUSSION: 1. With respect to the Bronze Star Medal: a. The applicant was awarded two Bronze Star Medals for achievement during overlapping periods of service. The first award was for the period 20 February 1970 to 2 September 1970 and the second was from 20 February through 12 July 1970. b. Achievement awards normally cover a short period of time with a definitive beginning and ending date. Although both awards are for achievement, the period of service covered by the first award (20 February to 2 September 1970) suggests this was a service award, not an achievement award, because it encompasses the applicant's entire assignment with HHC, 5th Special Forces Group (Airborne), and clearly shows it as the first oak leaf cluster, indicating the second award. c. It appears that the chain of command intended that he receive two awards of the Bronze Star Medal. The fact that the periods cited overlap was not within the applicant's control. 2. The applicant provides a certificate of achievement, authenticated by a U.S. Army commissioned officer, as a true translation that he was awarded the Republic of Vietnam Gallantry Cross with Silver Star. This foreign award is not listed on his DD Form 214. 3. In order to be awarded the Army Good Conduct Medal, the enlisted Soldier must satisfy the minimum period of active duty, have no conviction by a court-martial, and must have had all "excellent" conduct and efficiency ratings. The applicant did not have all "excellent" conduct and efficiency ratings. His conduct was rated as "good" during his assignment with the 477th Medical Company in Korea. 4. Certificates of achievement are not listed on the DD Form 214. Commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a DA Form 2442 or a certificate of achievement or commendation. Although the applicant may have a certificate of achievement, there is no distinguishing device authorized for wear to show the receipt of a certificate of achievement and there is no provision to list such certificates on the DD Form 214. 5. One of the applicant's units in Vietnam (HHC, 5th Special Forces Group (Airborne)) was, in fact, cited for award of the Presidential Unit Citation. However, this citation was for the period 1 November 1966 to 31 January 1968, prior to the applicant's arrival period of service. 6. The applicant served in Korea from 6 January to 20 September 1969. This is a qualifying period for award of the Korea Defense Service Medal. 7. The applicant was awarded the Vietnam Service Medal. He also participated in four campaigns during his Vietnam service. He is authorized four bronze service stars with his already-awarded Vietnam Service Medal. 8. The applicant's units in Vietnam were cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, none of which appears on his DD Form 214. 9. The applicant mentions a certificate for parachute training with the Republic of Vietnam Armed Forces. However, he does not provide such certificate of training. He may be referring to one of the foreign documents he provides but did not provide an English translation to support it. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001344 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001344 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2