BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160004430 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: AR20160004430 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: * deleting from his DD Form 214 the Vietnam Service Medal, Purple Heart Medal, Bronze Star Medal, and Army Commendation Medal * adding to his DD Form 214: * Purple Heart (2nd Award) * Bronze Star Medal (3rd Award) * Army Commendation Medal (2nd Award) * Vietnam Service Medal with one silver service star and two bronze service stars * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * 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: 26 September 2017 DOCKET NUMBER: AR20160004430 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: * two awards of the Purple Heart * multiple awards of the Bronze Star Medal * additional awards and decorations 2. The applicant states his record was not updated with all his awards. 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 was inducted into the Army of the United States on 21 February 1968. He was honorably discharged on 26 February 1968 for immediate enlistment in the Regular Army (RA). 3. He enlisted in the RA on 27 February 1968 and he held military occupational specialty 41F (Projector Equipment Repairman). 4. Special Orders (SO) Number 78, issued by Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, SC, on 10 April 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 5. SO Number 88, issued by Headquarters, School Brigade, U.S. Army Signal Center and School, Fort Monmouth, NJ, on 30 July 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 6. He served in Vietnam from 29 August 1968 to 10 October 1970. He was assigned as follows: * 9 September 1968 to 11October 1969, Company C, 125th Signal Battalion * 12 October 1969 to 30 July 1970, Headquarters and Headquarters Company (HHC), 25th Infantry Division * 31 July 1970 to 29 September 1970, 25th Administrative Company, 25th Infantry Division 7. While in Vietnam, Headquarters, 25th Infantry Division published the following general orders (GO) announcing the following awards for the applicant: * GO Number 1823 on 18 February 1969, the Purple Heart for wounds received in action on 15 February 1969 * GO Number 2325 on 28 February 1969, the Purple Heart (1st Oak Leaf Cluster (OLC)) for wounds received in action on 26 February 1969 * GO Number 8582 on 30 June 1969, the Army Commendation Medal for service from August 1968 to August 1969 * GO Number 12223 on 29 September 1969, the Bronze Star Medal for achievement from 1 July to 31 August 1969 * GO Number 12977 on 20 October 1969, the Bronze Star Medal (1st OLC) for achievement from 1 September to 18 October 1969 * GO Number 3531 on 31 March 1970, the Army Commendation Medal (1st OLC) for achievement from 19 October 1969 to 31 March 1970 * GO Number 9888 on 24 September 1970, the Bronze Star Medal (2nd OLC) for service from August 1968 to October 1970 * GO Number 9922 on 26 September 1970, the Army Good Conduct Medal (1st Award) from 21 February 1968 to 2 October 1970 8. He was honorably released from active duty in the rank/grade of specialist five/E-5 on 1 October 1970. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Good Conduct Medal * Purple Heart Medal (sic) * Bronze Star Medal REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal. Appendix B of this regulation shows that during his service in Vietnam, campaign participation credit was awarded for seven named campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes five bronze service stars. * Vietnam Counteroffensive Phase V (1 July – 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969) * Tet 69/Counteroffensive (23 February – 8 June 1969) * Vietnam Summer - Fall 1969 (9 June – 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 – 30 April 1970) * Sanctuary Counteroffensive (1 May – 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971) 2. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service in Vietnam from 29 August 1968 to 10 October 1970, with various units, these units were cited as shown below. DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation 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 of time only one award will be recorded in official military and historical records. a. Company C, 125th Signal Battalion from 9 September 1968 to 11 October 1969 was cited for: * Meritorious Unit Commendation for the period 1 July 1967 to 31 December 1968, by Department of the Army General Order (DAGO) Number 36, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, 1 September 1968 to 30 September 1970, by DAGO Number 5, dated 1973 b. HHC, 25th Infantry Division from 12 October 1969 to 30 July 1970 was cited for: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973 (same as Company C, 125th Signal Battalion) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 31 March 1966 to 21 January 1970 by DAGO Number 51, dated 1971 c. 25th Administrative Company, 25th Infantry Division from 31 July 1970 to 29 September 1970 was cited for: * Meritorious Unit Commendation, 31 July 1970 to 3 December 1970 by DAGO Number 6, dated 1974 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973 (same as HHC, 25th Infantry Division) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, from 31 March 1966 to 21 January 1970 by DAGO Number 51, dated 1971 (same as HHC, 25th Infantry Division) 3. Army Regulation 600-8-22 states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service. DISCUSSION: 1. General orders awarded the applicant two awards of the Purple Heart. His DD Form 214 listed only one award. 2. General orders awarded the applicant three awards of the Bronze Star Medal. His DD Form 214 listed only one award. 3. General orders awarded the applicant two awards of the Army Commendation Medal. His DD Form 214 listed only one award. 4. He was awarded the Vietnam Service Medal. He also participated in seven campaigns during his service in Vietnam. He meets the criteria for award of one silver service star and two bronze service star for wear on his already-awarded Vietnam Service Medal. 5. Orders awarded his units in Vietnam two awards of the Meritorious Unit Commendation, one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. None of these unit awards are listed on his DD Form 214. 6. He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). Neither badge is shown on 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) AR20160004430 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004430 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2