BOARD DATE: 20 June 2017 DOCKET NUMBER: AR20160001759 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: 20 June 2017 DOCKET NUMBER: AR20160001759 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 6 December 1967 through 14 September 1969, b. deleting award of the Vietnam Service Medal from his DD Form 214, and c. adding the following awards to his DD Form 214: * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Presidential Unit Citation * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * 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: 20 June 2017 DOCKET NUMBER: AR20160001759 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 Bronze Star Medal. 2. The applicant states the Bronze Star Medal was awarded to him in 1969 and it is not reflected on his DD Form 214. 3. The applicant provides: * DD Form 214 * Bronze Star Medal certificate 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 6 December 1967. He served in the Republic of Vietnam for the period 21 September 1968 through 9 September 1969 with Headquarters and Headquarters Company, 1st Battalion (Airborne), 506th Infantry. 3. Special Orders Number 44, published by Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, dated 13 February 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. Special Orders Number 186, published by Headquarters, U.S. Army Artillery and Missile School Brigade, Fort Sill, OK, dated 2 August 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 5. General Orders Number 10702, issued by Headquarters, 101st Airborne Division (Airmobile), dated 18 August 1969, awarded him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force. 6. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. His record does not contain any derogatory information or a commander's disqualification that would have precluded him from receiving the initial award of the Army Good Conduct Medal for the period 6 December 1967 through 14 September 1969 7. On 14 September 1969, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, 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, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation 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: * Vietnam Counteroffensive Phase V (1 July-1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969) * Tet 69 Counteroffensive (23 February-8 June 1969) * Vietnam Summer-Fall 1969 (9 June-31 October 1969) 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to Headquarters and Headquarters Company, 1st Battalion (Airborne), 506th Infantry, this unit was cited for award of the: a. Presidential Unit Citation for the period 10 through 21 May 1969 in Department of the Army General Orders (DAGO) Number 16, dated 1972; b. Valorous Unit Award for the period 13 June through 23 September 1968 in DAGO Number 52, dated 1974; c. Meritorious Unit Commendation for the period 14 March through 3 October 1968 in DAGO Number 5, dated 1977, as amended by DAGO Number 22, dated 1976; d. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 in DAGO Number 43, dated 1970; and e. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 2 May 1970 in DAGO Number 48, dated 1971. DISCUSSION: 1. Headquarters, 101st Airborne Division (Airmobile), awarded him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force. His DD Form 214 does not show this medal. 2. The evidence of record confirms he served honorably during the period 6 December 1967 through 9 September 1969. His records do 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). His DD Form 214 does not show this medal. 3. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 does not show these badges. 4. The evidence of record shows the applicant participated in four campaigns during his service in Vietnam and he is authorized four bronze service stars with his Vietnam Service Medal. The Vietnam Service Medal listed on his DD Form 214 does not reflect any bronze service stars. 5. General orders awarded his unit in Vietnam the Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for service during his period of assignment. His DD Form 214 does not show these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001759 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001759 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2