BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003722 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: 26 September 2017 DOCKET NUMBER: AR20160003722 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 August 1965 through 25 May 1967 (Standard Name Line: SGT, Company E, 2nd Battalion, 1st Advanced Individual Training Brigade, Fort Dix, NJ); b. issuing a DD Form 215 (Correction to DD Form 214) to delete all of the entries from item 24 of his DD Form 214 and adding the: * Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) * Air Medal (1st Oak Leaf Cluster) * Army Commendation Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with 2 Bronze Service Stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar ______________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: 26 September 2017 DOCKET NUMBER: AR20160003722 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 (BSM). 2. The applicant states, in effect, that he received two awards of the BSM; one for heroism and one for meritorious achievement. However, his DD Form 214 shows only one award of the BSM. 3. The applicant provides copies of his DD Form 214 and four award certificates: * DA Form 4980-5 (Bronze Star Medal Certificate) – two (2) copies * DA Form 4980-9 (Air Medal Certificate) * DA Form 4980-14 (Army Commendation 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 U.S. Army on 6 August 1965. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 29 (Qualification in Arms): Sharpshooter, M-14 Rifle, 20 September 1965 * item 31 (Foreign Service): Republic of Vietnam (RVN) from 24 January 1966 through 23 January 1967 * item 33 (Appointments and Reductions), he was promoted to sergeant (SGT)/pay grade E-5 on 1 December 1966 * item 38 (Record of Assignments) – * Company B, 1st Battalion, 18 Infantry Regiment, from 29 January 1966 through 20 September 1966 * Headquarters (HQ) and Headquarters Company (HHC), 1st Infantry Division (1ID), from 21 September 1966 through 16 December 1966 * item 41 (Awards and Decorations) – * Vietnam Service Medal (VSM) * National Defense Service Medal (NDSM) * RVN Campaign Medal * CIB (Combat Infantryman Badge) * BSM with "V" Device (HQ, 1ID; General Order (GO) # 2940, 10 November 1966) * ARCOM [Army Commendation Medal] (HQ, 1ID; GO # 3614, 1 December 1966) * AM [Air Medal] (HQ, 1ID; GO # 3611, 1 December 1966) 4. A review of his military personnel records revealed the following award-related GOs issued to the applicant by HQ, 1ID: * GO # 2940, dated 10 November 1966 – awarded the BSM with "V" Device for heroism in RVN (29 January 1966 to 20 September 1966) * GO # 3959, dated 17 December 1966 – awarded the BSM for meritorious achievement in RVN (4 November 1966 to 25 November 1966) * GO # 3611, dated 1 December 1966 – awarded the AM for meritorious achievement in RVN (21 September 1966 to 30 November 1966) * GO # 3614, dated 1 December 1966 – awarded the ARCOM for meritorious achievement (21 September 1966 to 30 November 1966) * GO # 3625, dated 2 December 1966 – amended GO # 3614 to correct the spelling of his last name * GO # 3976, dated 19 December 1966 – revoked GO # 3614 * GO # 3977, dated 19 December 1966 – revoked GO # 3625 * GO # 4011, dated 20 December 1966 – revoked GO # 3976 * GO # 3960, dated 17 December 1966 – awarded the ARCOM for meritorious achievement in RVN from 17 October 1966 to 2 November 1966 5. A DD Form 214 shows the applicant was honorably released from active duty on 25 May 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve service obligation. He had completed 1 year, 9 months, and 19 days of total active service that included 1 year of foreign service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the: * CIB * ARCOM * NDSM * VSM * BSM * RVN Campaign Medal * AM with 1 OLC (1st Oak Leaf Cluster) 6. A review of his military personnel records revealed a copy of HQ, 4th Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 178, dated 20 September 1965, that awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar. 7. A further review of the applicant's military personnel records failed to reveal any additional award orders. This review also failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). A review of item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service. In addition, a DA Form 137 (Installation Clearance Record), dated 19 May 1967, shows the applicant's commanding officer rated his conduct and efficiency as "excellent." 8. In support of his application the applicant provides four award certificates that show he received the following awards: * DA Form 4980-5 – the BSM for heroism in RVN from 29 January 1966 to 20 September 1966 * DA Form 4980-5 – the BSM for meritorious achievement in RVN from 4 November 1966 to 25 November 1966 * DA Form 4980-8 – the AM for meritorious achievement in RVN from 21 September 1966 to 30 November 1966 * DA Form 4980-14 – the ARCOM for meritorious achievement in RVN from 17 October 1966 to 2 November 1966 9. A request for a search of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to return any additional award orders pertaining to the applicant. REFERENCES: 1. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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. 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) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. Chapter 1 (Introduction), paragraph 1-19 (Duplication of awards), shows that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service. b. The BSM is awarded in time of war for heroism and for 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. (1) The "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with award of the BSM. (2) An oak leaf cluster (OLC) is awarded to denote a second and each succeeding award of certain decorations, among which is the BSM, AM, and ARCOM. c. The VSM 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. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. d. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns: * Vietnam Counteroffensive (25 December 1965 - 30 June 1966) * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. During the applicant's period of assignment to: * Company B, 1st Battalion, 18th Infantry, the battalion was cited for award of the – * RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 in Department of the Army General Orders (DAGO) Number 21 (1969) * RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 to 7 April 1970 in DAGO Number 53 (1970) * HHC 1ID, the company was cited for award of the – * RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 in DAGO Number 21 (1969) * RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 in DAGO Number 53 (1970) b. The pamphlet also shows that not more than one RVN Gallantry Cross Unit Citation and not more than one RVN Civil Actions Honor Medal First Class Unit Citation will be worn by any individual. Although multiple awards of these unit citations are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period, only one award of the unit award will be recorded in official military and historical records. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected to two awards of the BSM (i.e., the BSM with "V" Device (1st OLC)). 2. The evidence of record shows: a. GOs awarded the applicant the BSM with "V" Device for heroism (29 January 1966 to 20 September 1966). GOs also awarded him the BSM for meritorious achievement (4 November 1966 to 25 November 1966). The two BSM award certificates the applicant provides correspond with the GOs. b. GOs awarded him the AM for meritorious achievement (21 September 1966 to 30 November 1966). The AM award certificate he provides corresponds with the GO. (1) Item 24 of his DD Form 214 shows the AM (1st OLC). (2) There are no orders or other documentary evidence showing he was awarded a second AM (i.e., the AM (1st OLC)). (It is noted that the applicant does not provide an AM award certificate showing a second award of the AM.) (3) It is the policy of the ABCMR not to change the applicant's record if correction of the discovered error adversely affects the applicant and he/she has not requested the correction. c. GOs awarded the applicant the ARCOM for meritorious achievement (21 September 1966 to 30 November 1966). Additional GOs were issued that amended and then revoked the previously issued GO pertaining to the award. (It is noted that the period of achievement for the award of the ARCOM was for the same period of achievement for which he received the AM (21 September 1966 to 30 November 1966), which would constitute a duplicate award.) d. GOs awarded him the ARCOM for meritorious achievement (17 October 1966 to 2 November 1966). (1) The ARCOM award certificate he provides corresponds with the GO. (2) Item 24 of his DD Form 214 shows one award of the ARCOM. e. DAGOs awarded both of his units the – * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * It is noted that both of these foreign unit awards were duplicate awards in that they were awarded to the two units for the same period of service, which allows recording only one award in the applicant's record for each of the foreign unit awards. f. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar. 3. The applicant served a period of continuous, honorable active duty enlisted service from 6 August 1965 through 25 May 1967. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was promoted to SGT (E-5) and he received all "excellent" conduct and efficiency ratings during his service. c. He was awarded the BSM, the AM, and the ARCOM for meritorious achievement during the period of service under review. d. The available evidence further indicates the applicant met the criteria for the AGCM (1st Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003722 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2