IN THE CASE OF: BOARD DATE: 4 January 2018 DOCKET NUMBER: AR20160002718 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: 4 January 2018 DOCKET NUMBER: AR20160002718 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. issuing him a new Bronze Star Medal Certificate for the period July 1971 through July 1972; b. awarding him the Army Good Conduct Medal (1st Award) for the period 21 December 1970 through 4 April 1972; and c. amending his DD Form 214 with an effective date of 4 April 1972 by deleting the Vietnam Service Medal and adding: * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation ____________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: 4 January 2018 DOCKET NUMBER: AR20160002718 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 the social security number (SSN) on his Bronze Star Medal (BSM) Certificate and addition of the BSM to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. He states he just realized the SSN is wrong. He would like to set the record straight so his Department of Veterans Affairs memorial marker is correctly prepared. 3. The applicant provides a copy of his: * Bronze Star Medal Certificate * Bronze Star Medal Citation * 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 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. On 21 December 1970, the applicant was inducted into the Regular Army. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his SSN as X7X-XX-XXXX. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 38 (Record of Assignment), he was assigned to Headquarters and Headquarters Company, 2nd Infantry Battalion, 8th Calvary, 3rd Brigade, 1st Calvary Division (Air Mobile) from 3 July 1971 through 14 April 1972 [date is after his active duty release date]. b. Item 41 (Awards and Decorations), the BSM is not listed. 4. On 4 April 1972, he was honorably released from active duty. His DD Form 214 shows he completed 1 year, 3 months, and 14 days of total active service. a. Item 5a (Grade Rate or Rank), Specialist Four. b. Item 5c (Date of Rank) shows 12 May 1971. c. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 5. The applicant's Military Personnel Records Jacket (MPRJ) does not provide orders awarding him the BSM. 6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 BSM orders for the applicant. 7. His record shows his SSN was consistently listed as X7X-XX-XXXX throughout his active service. 8. His DA Form 20 shows he had "excellent" conduct and efficiency ratings throughout his career. There is no evidence of a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM). 9. The applicant provides a BSM certificate and citation. a. They both show his rank as private first class, his SSN as X2X-XX-XXXX, and that he was presented the award on 20 April 1972 for meritorious achievement in ground operations against hostile forces from July 1971 to July 1972. b. The certificate shows the approval authority is Brigadier General (BG) J___ H___. A web based source document shows this BG served a second tour in Vietnam from 1971 to 1972, he served as Commander of the 11th Aviation Group, 1st Cavalry Division (Airmobile); the Assistant Division Commander of the 101st Airborne Division; and as the Commanding General of 3rd Brigade, 1st Cavalry Division (Airmobile). 10. The applicant’s service in Vietnam coincided with three campaigns: * Consolidation I (1 December 1971 to 30 November 1971) * Consolidation II (1 December 1971 to 29 March 1972) * Vietnam Cease-Fire (30 March to 28 January 1973) REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that will be furnished to individuals at the time of separation and establishes procedures for the preparation and distribution of the applicable documents. It provides: a. For preparation and distribution of the DD Form 214, all available records will be used as a basis for the preparation of the DD Form 214WS (worksheet), including the DA Form 20 and orders. A thorough comparison will be made between the entries on the DD Form 214WS and the DD Form 214. b. For item 24 (Decorations, Medals, Badges, Commendation Citations and Campaign Ribbons Authorized or Awarded), enter information from section 9, DA Form 20 (Enlisted Qualification Record). 2. Army Regulation 672-5-1 (Awards), in effect at the time, states: a. The BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, shall have distinguished himself by heroic or 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. The BSM may be awarded to members of the Armed Forces of the United States by the Senior Army commander of any separate force or by subordinate commanders to whom he may delegate this authority, provided that the authority will not be delegated to any commander below the grade of major general, except to a BG commanding a tactical unit and occupying the position vacancy of a Major General. b. The AGCM is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. It is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 26 August 1940. 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. There must have been no convictions by a court-martial during the period. c. The award of a bronze service star is authorized based on qualifying service for each campaign. Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal. 3. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. One bronze service star is authorized for each campaign under the following conditions: a. Assigned or attached to and present for duty with a unit during the period in which it participated in combat. b. The Vietnam campaigns are in appendix B. 4. 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 Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 through June 1972 by Department of Army General Orders Number 54, dated 1974. DISCUSSION: 1. The applicant’s MPRJ and DA Form 20 do not show he was awarded the BSM. The available evidence does show he was issued the BSM Certificate approximately 16 days after he was released from active duty. A web-based source confirms BG J___ H___, who signed the certificate, commanded a tactical unit and met the requirements to be the approval authority. 2. It appears there was an administrative error introduced in the annotation of his SSN and rank on his BSM Certificate and Citation. His record consistently lists his SSN as X7X-XX-XXXX throughout his active service and he was promoted to the rank of specialist four on 12 May 1971 and there is no evidence he was reduced in rank. Current standards do not provide for the typewritten entry of the SSN on an award certificate or issue of a separate citation. A reissued certificate would be in the current format, which incorporates the citation language onto the certificate itself. 3. The available evidence shows: a. He served honorably during the period 21 December 1970 through 4 April 1972. His record is void of disciplinary actions or a commander's disqualification for award of the AGCM. b. He was awarded the Vietnam Service Medal. His records reflect he participated in three campaigns and is authorized three bronze service stars with the Vietnam Service Medal. 4. General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. This unit award is not 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) AR20150011594 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011594 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2