BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160004698 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160004698 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 17 February 1969 to 24 November 1970; and b. amending his DD Form 214 for the period ending 24 November 1970 by deleting the Bronze Star Medal with 1st Oak Leaf Cluster and the Vietnam Service Medal and adding the: * Bronze Star Medal (3rd Award) * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Air Medal (2nd and 3rd Award). ____________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: 5 December 2017 DOCKET NUMBER: AR20160004698 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: a. correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Bronze Star Medal (3rd Award) and b. award of Air Medal (2nd Award) for the period July 1969 through October 1969 and the Air Medal (3rd Award) for the period December 1969 through June 1970. 2. The applicant states he transferred to a new unit and was not issued an Air Medal. He did receive his first Air Medal for the period of 19 October 1969 to 1 December 1969. He left combat in July and did not receive his Air Medal for combat in December 1969 through June 1970 and July through October 1969. 3. The applicant provides: * DA Form 4980-5 (Bronze Star Medal Certificate), dated 19 February 1970, with corresponding Bronze Star Medal citation for the period of 15 October 1969 to 15 February 1970 * Bronze Star Medal Certificate, dated 5 March 1970, with corresponding Bronze Star Medal citation for the period of 15 October 1969 to 20 January 1970 * Bronze Star Medal Certificate, dated 10 June 1970, with corresponding Bronze Star Medal citation, for the period of July 1969 to July 1970 * DA Form 4980-9 (Air Medal Certificate), dated 10 January 1970, with corresponding Air Medal citation for the period of 19 October 1969 to 1 December 1969 * DA Form 20 (Enlisted Qualification Record), extract * DD Form 214 for the period ending 24 November 1970 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 17 February 1969. After completing his initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. The applicant's DA Form 20 shows: a. He served in the Republic of Vietnam from 17 July 1969 through 16 July 1970. During this period of service, he was assigned to the Company C, 1st Battalion, 28th Infantry Regiment, 1st Infantry Division. b. His conduct and efficiency ratings were excellent throughout his entire period of active service. c. He was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 4. General Orders Number 17540, issued by Headquarters, 1st Infantry Division, on 21 December 1969, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period of 19 October to 1 December 1969. 5. General Orders Number 2526, issued by Headquarters, 1st Infantry Division, on 20 February 1970, awarded him the Bronze Star Medal for meritorious achievement during the period of 15 October 1969 to 15 February 1970. 6. General Orders Number 2527, issued by Headquarters, 1st Infantry Division, on 20 February 1970, awarded him the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious achievement during the period of 15 October 1969 to 20 February 1970. 7. General Orders Number 907, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division, on 17 June 1970, awarded him the Bronze Star Medal for meritorious service against a hostile force in the Republic of Vietnam during the period July 1969 to July 1970. 8. The applicant was honorably released from active duty on 24 November 1970. His DD Form 214 shows he was awarded or authorized the Bronze Star Medal (1st Oak Leaf Cluster) and the Air Medal; however, it does not show a third award of the Bronze Star Medal or subsequent awards of the Air Medal. 9. The applicant's record does not contain orders or evidence that shows he was awarded a second or third award of the Air Medal. 10. There is no indication in the applicant's available record that shows he was awarded the Army Good Conduct Medal. There is no evidence of a commander's disqualification for the Army Good Conduct Medal and there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15 of the Uniform Code of Military Justice. 11. The applicant provides an Air Medal Certificate, dated 10 January 1970, which shows he was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam, during the period 19 October through 1 December 1969. This award is shown on his DD Form 214. 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. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The Vietnam Service Medal is awarded to all members of the Armed Forces of the U.S. for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Summer – Fall 1969 (9 June 1969 – 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May - 30 June 1970) * Vietnamese Counteroffensive Phase VII (l July 1970 - 30 June 1971) d. A Marksmanship Qualification Badge is awarded to indicate the degree in which an individual, military, or civilian has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. 2. Army Regulation 672-5-1 (Awards), in effect at the time, provided that 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 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 Soldier must have had all "excellent" conduct and efficiency ratings and he/she could not have been convicted by 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 the Republic of Vietnam. This pamphlet shows the unit to which the applicant was assigned was cited for the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 23 September 1969 - 15 February 1970, by Department of the Army General Orders (DAGO) Number 2, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period October 1965 - 7 April 1971, by DAGO Number 53, dated 1970 4. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. a. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. b. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, Kentucky 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. General orders awarded the applicant the Bronze Star Medal (3rd Award); however, his DD Form 214 shows only the Bronze Star Medal with 1st Oak Leaf Cluster, which is synonymous with the Bronze Star Medal (2nd Award). 2. The applicant received excellent conduct and efficiency ratings for the period 18 March 1968 through 17 March 1970. There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal. It appears he met the criteria for award of the Army Good Conduct Medal (1st Award). 3. The applicant participated in four campaigns during his service in Vietnam. His DD Form 214 shows the Vietnam Service Medal as an authorized award; however, it does not reflect the four bronze service stars that should be affixed to it in recognition of his campaign participation. 4. Department of the Army General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are not shown on his DD Form 214. 5. The applicant's DA Form 20 confirms Special Orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). These awards are not shown on his DD Form 214. 6. With respect to the Air Medal, there is no evidence in the applicant's available military record that indicates he was awarded a second Air Medal for the period July through October 1969, or third Air Medal for the period of December 1969 to June 1970. The governing Army regulation requires formal recommendations, approval though the chain of command, and announcement by orders for award of the Air Medal. The available records do not provide any details of any aerial missions he participated in from December 1969 to June 1970. 7. A recommendation to deny the portion of his application pertaining to the Air Medal will in no way affect his right to pursue his claim by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004698 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004698 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2