BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160004052 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: AR20160004052 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 29 May 1967 through 27 January 1970; b. deleting award of the Vietnam Service Medal from his DD Form 214; c. adding the following awards to his DD Form 214: * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Armed Forces Honor Medal Second Class * Republic of Vietnam Gallantry Cross with Palm Unit Citation d. deleting the 12-week Vietnamese Language Course at the Defense Language Institute Support Command, Fort Bliss, Texas, from his DD Form 214; and e. adding the 47-week Vietnamese Language Course at the Defense Language Institute Support Command, Fort Bliss, Texas, to his DD Form 214. __________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: AR20160004052 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: a. award of the Bronze Star Medal, Armed Forces Honor Medal Second Class, and Army Good Conduct Medal; and b. the duration of his Vietnamese language training at the Defense Language Institute Support Command, Fort Bliss, Texas, as 47 weeks, not 12 weeks. 2. The applicant states the information/records need to be corrected. 3. The applicant provides: * authorization for individual foreign award, dated 17 August 1969 * Bronze Star Medal Certificate * certificate of training * 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 29 May 1967 for a period of 3 years. 3. He provided a certificate of training showing he completed 47 weeks of language training in Vietnamese (Saigon) at the Defense Language Institute Support Command, Fort Bliss, Texas, on 19 December 1968. 4. His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on or about 28 January 1969 and was assigned to the 635th Military Intelligence Detachment effective 7 February 1969. 5. He provided a memorandum from Headquarters, U.S. Army Vietnam, dated 17 August 1969, subject: Authorization for Individual Foreign Award, stating he was authorized to accept and wear the Armed Forces Honor Medal Second Class presented to him by the Government of the Republic of Vietnam. 6. He provided a Bronze Star Medal Certificate, dated 31 December 1969, for meritorious achievement in ground operations against a hostile force in the Republic of Vietnam during the period January 1969 to January 1970. 7. He departed Vietnam on 25 January 1970. He participated in four campaigns during his assignment in Vietnam. 8. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. 9. On 27 January 1970, he was honorably released from active duty in the rank of specialist five after completing 2 years, 7 months, and 29 days of creditable active service with no lost time. 10. His DD Form 214 shows he completed the 12-week Vietnamese Language Course at the Defense Language Institute Support Command, Fort Bliss, Texas, 11. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Army Commendation Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars 12. There are no orders for the Bronze Star Medal in his available records. 13. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 14. A review 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 Military Awards Branch, failed to reveal any orders for the Bronze Star Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Bronze Star Medal 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. A bronze service star is worn on the Vietnam Service Medal for each credited campaign. 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. 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 the 635th Military Intelligence Detachment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August to 31 December 1969 in Department of the Army General Orders Number 42, dated 1972. DISCUSSION: 1. The applicant provided a Bronze Star Medal Certificate, dated 31 December 1969, but his available records do not contain a copy of this certificate or orders awarding him the Bronze Star Medal. 2. The evidence of record shows he was authorized to accept and wear the Armed Forces Honor Medal Second Class presented to him by the Government of the Republic of Vietnam in August 1969. His DD Form 214 does not show this individual foreign award. 3. The evidence of record shows he completed 47 weeks of language training in Vietnamese (Saigon) at the Defense Language Institute Support Command, Fort Bliss, Texas, on 19 December 1968. His DD Form 214 erroneously shows he completed the 12-week Vietnamese Language Course at the Defense Language Institute Support Command, Fort Bliss, Texas. 4. The evidence of record shows he participated in four campaigns during his assignment in Vietnam which authorizes him award of the Vietnam Service Medal with four bronze service stars. His DD Form 214 does not show these bronze service stars. 5. He completed almost 32 months of active service ending with his release from active duty on 27 January 1970. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal. This award is not shown on his DD Form 214. 6. His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citations during the period in which he was assigned. His DD Form 214 does not show this unit 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) AR20160004052 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004052 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2