BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160003879 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: 19 December 2017 DOCKET NUMBER: AR20160003879 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 1970 to 5 March 1972; b. deleting the Vietnam Service Medal from his DD Form 214; and c. adding the following awards to his DD Form 214: * Bronze Star Medal * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three 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. BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160003879 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 the Bronze Star Medal (BSM) and Army Commendation Medal (ARCOM). 2. He states these awards were never added to his DD Form 214. 3. He provides copies of the BSM and ARCOM Certificates and Citations. 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 Army of the United States on 6 August 1970. 3. He served in the Republic of Vietnam (RVN) from 5 May 1971 to 4 May 1972 with Headquarters and Headquarters Battery, 23rd Infantry Division Artillery and Headquarter and Headquarters Company, 2nd Battalion, 1st Infantry, 196th Brigade, as a radio operator. 4. His DA Form 20 (Enlisted Qualification Record) shows in Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his service. 5. His record is void of any derogatory information, convictions by court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 6. 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 25 October 1971, Headquarters, 23rd Infantry Division, issued General Orders Number 12231, awarding him the BSM for meritorious achievement in the RVN for the period 15 May to 30 September 1971. 7. He was released from active duty on 5 March 1972 in the rank of specialist four (SP4) and his DD Form 214 shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 8. His record is void of documentation showing he was recommended for or was awarded the ARCOM. 9. The applicant provides an ARCOM Certificate and Citation showing he was awarded the ARCOM on 2 March 1972 for meritorious service from 18 August 1971 to 18 February 1972. The certificate bears the signature of Brigadier General Joseph C. McDonough. 10. An internet search of the history of the 196th Infantry Brigade confirmed that Brigadier General Joseph C. McDonough was the Commanding General from October 1971 to June 1972. He died in 2005. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The RVN 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. c. 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 three campaigns. * Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971) * Consolidation I (1 July 1971 – 30 November 1971) * Consolidation II (1 December 1971 – 29 March 1972) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Headquarters and Headquarters Company, 196th Infantry Brigade was cited for the award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 March to 9 October 1971 by Department of the Army General Orders (DAGO) Number 6, dated 1974. 3. 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. The applicant requests correction of his DD Form 214 to show award of the BSM and ARCOM. 2. GO Number 12231 awarded the applicant the BSM. His DD Form 214 does not reflect this award. 3. He served honorably from 6 August 1970 to 5 March 1972. He served in the RVN, attained the rank of SP4, 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). As such, it appears he meets the regulatory criteria for award of the Army Good Conduct Medal (1st Award). 4. He was assigned to a unit in Vietnam during a period for which the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation. His DD Form 214 does not reflect this award. 5. The record shows he participated in three campaigns during his service in the RVN. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect three bronze service stars to indicate his campaign participation. 6. He served a qualifying period for award of the RVN Campaign Medal with Device (1960). His DD Form 214 does not reflect this award. 7. There are no orders showing he was awarded the Army Commendation Medal. The governing Army regulation states that for personal decorations (which include the Army Commendation Medal), formal recommendations, approval through the chain of command, and announcement in orders are required. However: * the applicant provides a certificate signed by an appropriate level commander approving award of the Army Commendation Medal for meritorious service from 18 August 1971 to 18 February 1972 * the applicant's period of service on the certificate is consistent with his period of service in Vietnam as shown on his DD Form 214 and his DA Form 20 * the award approval authority was assigned as the 196th Infantry Brigade commander during the period referenced on the certificate 8. The Board must determine if the certificate is sufficient evidence to demonstrate the applicant was awarded the Army Commendation Medal and is sufficient basis to add the award to 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) AR20160003879 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003879 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2