BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160003950 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: 14 September 2017 DOCKET NUMBER: AR20160003950 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 1 July 1964 through 29 May 1967 * amending his DD Form 214 by deleting the Vietnam Service Medal and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 2 bronze service stars * Presidential Unit Citation * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) ___________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: 14 September 2017 DOCKET NUMBER: AR20160003950 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 all his awards and decorations, including the: * Presidential Unit Citation * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with palm Unit Citation 2. The applicant states he served with Battery A, 2nd Battalion, 320th Artillery in Vietnam. His unit was awarded the above awards after he was separated. 3. The applicant provides his 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. The applicant enlisted in the Regular Army on 1 July 1964 and he held military occupational specialty 13E (Field Artillery and Intelligence Assistant). 3. Special Orders (SO) Number 170, issued by Headquarters, 2nd Training Regiment (Basic), U.S. Army Training Center, Fort Leonard Wood, MO, on 14 August 1964, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. SO Number 70, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY, on 23 March 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 29 May 1966 to 28 May 1967, assigned as follows: * A Battery, 2nd Battalion, 320th Artillery, from 4 June to 29 June 1966 * Headquarters and Headquarters Battery, 2nd Battalion, 320th Artillery, from 30 June to 26 November 1966 * He was wounded in action on 7 November 1966 and remained in the Medical Holding Detachment, 7th Hospital, through 21 December 1966 * A Battery, 2nd Battalion, 320th Artillery, from 22 December 1966 to 27 May 1967 6. General Orders (GO) Number 687, issued by Headquarters, 1st Brigade, 101st Airborne Division, awarded him the Army Commendation Medal for meritorious service from 29 June 1966 to 26 April 1967 while assigned to A Battery, 2nd Battalion, 320th Artillery. 7. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 29 May 1967. His DD Form 214 shows he completed 2 years, 10 months, and 29 days of active service with no lost time. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Army Commendation Medal * Vietnam Campaign Medal * Parachutist Badge * Purple Heart * Vietnam Service Medal 8. His record does not show he was awarded the Army Good Conduct Medal. Additionally, his record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings, with the exception of one "good" efficiency rating received while he was in training. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the campaigns listed below. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. * Vietnam Counteroffensive, 25 December 1965 - 30 June 1966 * Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967 2. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant was assigned to Battery A, 2nd Battalion, 320th Artillery, in Vietnam during a period for which this unit was awarded the: * Presidential Unit Citation for the period 2 to 20 June 1966, by Department of the Army GO (DAGO) Number 59, dated 1968 * Meritorious Unit Commendation for the period 29 July 1965 to 1 October 1966, by DAGO Number 1, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July to 31 July 1966 and 9 December 1966 to 18 January 1967, by DAGO Number 21, dated 1969 3. 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 and for 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. A "good" efficiency rating received while in training is not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. DISCUSSION: 1. GO awarded his unit in Vietnam the Presidential Unit Citation, Meritorious Unit Commendation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for periods coinciding with his assignment to the unit. These unit awards are not listed on his DD Form 214. 2. He was awarded the Vietnam Service Medal. He also participated in two campaigns during his service in Vietnam. The two bronze service stars are not shown on his DD Form 214. 3. SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Neither badge is listed on his DD Form 214. 4. He appears to have met the criteria for award of the Army Good Conduct Medal in that: * he served honorably for 2 years, 10 months, and 29 days of active service with no lost time from 1 July 1964 through 29 May 1967 * he attained the rank/grade of SP4/E-4 * he received "excellent" conduct and efficiency ratings throughout his military service * his records contain no derogatory information that would have disqualified him from receiving the first 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) AR20160003950 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003950 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2