IN THE CASE OF: BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20160002047 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 IN THE CASE OF: BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20160002047 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 amending his DD Form 214 for the period ending 23 January 1976 by: a. deleting the Bronze Star Medal, Army Commendation Medal, and Vietnam Service Medal; and b. adding the following awards: * Bronze Star Medal (3rd award) * Army Commendation Medal (3rd award) with "V" device * Army Good Conduct Medal * Vietnam Service Medal with 4 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) _____________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. IN THE CASE OF: BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20160002047 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 (Report of Separation from Active Duty) for the period ending 23 January 1976 to show the Bronze Star Medal (2nd oak leaf cluster). 2. The applicant states his record does not reflect a Bronze Star Medal (2nd oak leaf cluster). 3. The applicant provides General Orders Number 757, issued by Headquarters, II Field Force Vietnam, on 25 February 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 into the Regular Army on 30 April 1968. He completed initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. His record shows he served in the Republic of Vietnam from on or about 5 February 1969 through on or about 4 February 1970. During this period of service he was assigned to the Armor Platoon, Air Cushioned Vehicle Unit, 9th Infantry Division, from on or about 20 February 1969 through on or about 4 February 1970. 4. General Orders Number 8019, issued by Headquarters, 9th Infantry Division, on 30 June 1969, awarded the applicant the Bronze Star Medal for outstanding achievement during the period of 1 May - 31 May 1969. 5. General Orders Number 10514, issued by Headquarters, 9th Infantry Division, on 18 July 1969, awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force on 10 July 1969. 6. General Orders Number 2936, issued by Headquarters, II Field Force Vietnam, on 21 October 1969, awarded the applicant the Army Commendation Medal with "V" Device (2nd oak leaf cluster) for heroism in connection with military operations against an armed hostile force on 7 August 1969. 7. General Orders Number 3879, issued by Headquarters, II Field Force Vietnam, on 7 November 1969, awarded the applicant the Army Commendation Medal (1st oak leaf cluster) for meritorious achievement during the period of 5 February - 12 October 1969. 8. General Orders Number 7, issued by Headquarters, 3rd Brigade, 9th Infantry Division, on 15 January 1970, awarded the applicant the Army Good Conduct Medal for service during 30 April 1968 - 4 February 1970. 9. General Orders Number 312, issued by Headquarters, II Field Force Vietnam, on 30 January 1970, awarded the applicant the Bronze Star Medal (1st oak leaf cluster) for meritorious service during the period of February 1969 - December 1969. 10. The applicant was honorably released from active duty on 5 February 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge 11. General Orders Number 757, issued by Headquarters, II Field Force Vietnam, on 25 February 1970, awarded the applicant the Bronze Star Medal (2nd oak leaf cluster) for meritorious achievement on 9 January 1970. 12. The applicant reenlisted in the Regular Army on 12 January 1973 and was honorably discharge on 23 January 1976. His DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Expert Infantryman Badge REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969) * TET 69 Counteroffensive 1969 (23 February 1969 – 8 June 1969) * Vietnam Summer-Fall 1969 ( 9 June 1969 – 31 October 1969) * Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) 2. 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 the Armor Platoon, Air Cushioned Vehicle Unit, the unit to which the applicant was assigned from on or about 4 February 1969 through on or about 4 February 1970, was cited for the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 January through 30 June 1969, by Department of the Army General Orders (DAGO) Number 59, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 19 December 1966 through 28 June 1969, by DAGO Number 59, dated 1969 DISCUSSION: 1. General Orders awarded the applicant the Bronze Star Medal on three occasions; however, only one award of the Bronze Star Medal is shown on his DD Form 214 for the period ending 23 January 1976. 2. General Orders awarded the applicant the Army Commendation Medal on three occasions; he was twice recognized for valor with the addition of the "V" device. However, his DD Form 214, for the period ending 23 January 1976, shows only a single award of the Army Commendation Medal and does not include a "V" device. 3. General Orders awarded the applicant the Army Good Conduct Medal; however, this award is not shown on his DD Form 214 for the period ending 23 January 1976. 4. His record shows he served in the Republic of Vietnam from on or about 4 February 1969 through on or about 4 February 1970; he participated in four campaigns during this period of foreign service. His DD Form 214, for the period ending 23 January 1976, lists the Vietnam Service Medal as an authorized award; however, it does not reflect the four bronze service stars that should be affixed to it in recognition of his campaign participation. 5. Department of the Army General Orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned to those units. However, neither of these unit awards is shown on his DD Form 214 for the period ending 23 January 1976. 6. The applicant served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960), which is shown on his DD Form 214 for the period ending 5 February 1970. However, it is not shown on his DD Form 214 for the period ending 23 January 1976. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002047 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2