BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160002016 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: 25 May 2017 DOCKET NUMBER: AR20160002016 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 5 October 1966 to 23 September 1968; b. deleting the Vietnam Service Medal from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); 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 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars _____________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: 25 May 2017 DOCKET NUMBER: AR20160002016 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 the Bronze Star Medal (BSM). 2. He states that he received the BSM citation but the award is not listed on his DD Form 214. He contends that this may be due to an incorrect service number shown on the citation. 3. He provides a copy of the BSM citation. 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. He was inducted into the Army of the United States on 5 October 1966. His service number is shown as RA56xxxXXX on his DD Form 47 (Record of Induction). The highest rank he held was specialist five (SP5/E-5). 3. The applicant was assigned to Headquarters and Headquarters Company, 2nd Battalion (Mechanized), 2nd Infantry, 1st Infantry Division in the Republic of Vietnam (RVN) from 28 September 1967 to 27 September 1968. 4. His DA Form 20 (Enlisted Qualification Record) shows his service number as RA56xxxXXX and his social security number (SSN) as XXX-XX-9XXX. In addition it shows: a. Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his service. b. Item 41 (Awards and Decorations) shows: * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * Mechanics Badge * Army Commendation Medal * Sharpshooter Marksmanship Qualification Badge with Pistol Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) c. His record is void of any other derogatory information, convictions by court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award). 5. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), maintained by the Military Awards Branch of the U.S. Army Human Resources Command, revealed that on 2 August 1968, Headquarters, 1st Infantry Division, issued General Orders Number 7737, which awarded him the BSM for meritorious achievement in the RVN on 3 April 1968. 6. It is noted that the SSN and service number listed on the orders above are different from the applicant’s SSN and service number shown on his DA Form 47 and DA Form 20; however, this appears to be an administrative error as the period of service and unit are consistent with other documents in his military record. 7. He was released from active duty on 23 September 1968 and his DD Form 214 shows he was awarded or authorized: * Army Commendation Medal * National Defense Service Medal * RVN Campaign Medal with Device (1960) * Vietnam Service Medal REFERENCES: 1. Army Regulation 635-5 (Separation Documents) in effect at the time, stated to use all available records as a basis to prepare the DD Form 214 to include the DA Form 20 and orders. Further it stated to list awards and decorations in the priority sequence specified in Army Regulation 600-8-22 (Military Awards). Further guidance 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 2nd Infantry, was cited for the award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1965 to 7 April 1970 based on Department of the Army General Orders (DAGO) Number 53, dated 1970. 3. This same regulation authorized all units in the RVN award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974. 4. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. His record shows his service in the RVN coincided with four campaigns. * Vietnam Counteroffensive, Phase III * Tet Counteroffensive * Vietnam Counteroffensive, Phase IV * Vietnam Counteroffensive Phase V 5. Army Regulation 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. DISCUSSION: 1. Notwithstanding the SSN and service number errors shown on General Orders Number 7737, it appears the applicant was awarded the BSM for meritorious achievement in the RVN taking into consideration his same unit of assignment is consistently shown in his record. 2. He served honorably from 5 October 1966 to 23 September 1968. He served in the RVN, attained the rank of SP5, and he received all "excellent" conduct and efficiency ratings throughout his service. His record is void of a commander's disqualification or any other derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). 3. His DA Form 20 shows he was awarded him the Mechanics Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Pistol Bar. 4. He was assigned to a unit in Vietnam during a period for which the unit was cited for award of the RVN Civil Actions Honor Medal First Class and RVN Gallantry Cross with Palm Unit Citation. Further, his participation in four campaigns authorizes him four bronze service stars for wear on his already-awarded Vietnam Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1