IN THE CASE OF: BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160003571 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: 28 September 2017 DOCKET NUMBER: AR20160003571 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 13 May 1968 through 12 December 1969; b. amending his DD Form 214 for the period ending 12 December 1969 by deleting the Vietnam Service Medal and adding the following: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * 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: 28 September 2017 DOCKET NUMBER: AR20160003571 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) for the period ending 12 December 1969 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award). 2. The applicant states there were unit citations awarded to the unit to which he was assigned during his service in Vietnam that are not reflected on his DD Form 214. a. He is requesting his DD Form 214 be corrected to show two Republic of Vietnam Gallantry Cross with Palm Unit Citations. His DD Form 214 indicates he was assigned to 4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade, during the period two unit citations were awarded. b. The first Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded for the period 2 November 1968 to 28 February 1969. The second Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded for the period 24 August 1969 to 31 December 1969. Although the unit went on to receive a third award, he was not a member of the unit at that time. 3. The applicant provides a copy of his DD Form 214 and a list of unit citations awarded to the 23rd Infantry Division during the Vietnam War. 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 Kansas Army National Guard (KSARNG) on 11 January 1966. 3. The applicant was ordered to active duty on 13 May 1968. 4. The applicant served in the Republic of Vietnam from on or about 17 May 1969 through on or about 20 November 1969. a. Special Orders Number 95, issued by the 5th Infantry Division (Mechanized) and Fort Carson on 5 April 1969, show the applicant was ordered to report to U.S. Army Vietnam (USARV) on or about 17 May 1969. b. Special Orders Number 150, issued Headquarters, Americal Division, on 30 May 1969, show the applicant was reassigned from the 23rd Adjutant General Administrative Company Replacement Detachment to Company D, 4th Battalion, 21st Infantry, effective 3 June 1969. c. Special Orders Number 310, issued by Headquarters, Americal Division, on 6 November 1969, show the applicant was ordered to depart USARV on or about 20 November 1969. 5. The applicant was honorably released from active duty on 12 December 1969. His DD Form 214 shows he served in the Republic of Vietnam for a period of 6 months and 3 days and was awarded or authorized the: * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Auto Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Pistol Bar (.45mm) * Expert Marksmanship Qualification Badge with Grenade Bar (M-79) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * one overseas service bar 6. There is no evidence that indicates the applicant was awarded the Army Good Conduct Medal. He does not have a DA Form 20 (Enlisted Qualification Record) within his available records to show he received "excellent" conduct and efficiency ratings throughout his active service. However, there is no evidence of derogatory information or evidence that shows he was subject to any disciplinary actions, including convictions by court-martial under the Uniform Code of Military Justice. Lastly, there is no evidence that shows his commander took action to deny him favorable consideration for or receipt of his initial award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. It 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 three campaigns: * 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) b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. 2. 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 and no court-martial convictions. 3. 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: a. The 4th Battalion, 21st Infantry Regiment, the unit to which the applicant was assigned from on or about 3 June 1969 through on or about 20 November 1969, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 24 August 1969 through 31 December 1969, by Department of the Army General Orders (DAGO) Number 42, dated 1972. b. The 4th Battalion, 21st Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for other periods of service in which he was not assigned to the unit: 2 November 1968 through 28 February 1969 and 31 March 1970 through 30 June 1970, respectively. DISCUSSION: 1. The applicant served in the Republic of Vietnam from on or about 17 May 1969 through on or about 20 November 1969. 2. The applicant contends he served with 4th Battalion, 21st Infantry, during two qualifying periods of service for which the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 3. 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 for a period coinciding with his service in the unit. According to the governing Army regulation, this was the only Republic of Vietnam Gallantry Cross with Palm Unit Citation the unit was awarded during the period in which the applicant was assigned. This unit award is not shown on his DD Form 214. 4. The applicant participated in three campaigns during his period of foreign service in the Republic of Vietnam. His DD Form 214 lists the Vietnam Service Medal as an authorized award; however, it does not reflect the three bronze service stars that should be affixed to it in recognition of his campaign participation. 5. The applicant's record shows he served in the Republic of Vietnam for over 6 months. The governing regulation provides he is authorized the Republic of Vietnam Campaign Medal with Device (1960) for completing more than 6 months of service in Vietnam. However, this award is not shown on his DD Form 214. 6. The applicant served honorably from 13 May 1968 to 12 December 1969. There is no evidence that indicates he was awarded the Army Good Conduct Medal. There is no evidence of any disciplinary or derogatory actions and there is no evidence that shows his commander took action to deny him favorable consideration for or receipt of his initial award of the Army Good Conduct Medal. //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) AR20160003571 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2