BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160004728 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: 7 November 2017 DOCKET NUMBER: AR20160004728 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 20 September 1967 through 4 May 1970 and amending his DD Form 214 by deleting the Vietnam Service Medal and adding the following awards: * Bronze Star Medal (2nd Award) * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star and one bronze service star * Republic of Vietnam Gallantry Cross with Bronze Star * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M16) * Expert Marksmanship Qualification Badge with Rifle Bar (M14) _________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: 7 November 2017 DOCKET NUMBER: AR20160004728 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 add the Bronze Star Medal (BSM). 2. The applicant states, in effect: a. He received a BSM for meritorious service in combat operations. The clerk who was out-processing him declined to add the decoration because he would have had to type up more paperwork, since there was no more room on the existing form to add the decoration. The clerk indicated he was too busy to make the correction, and as long as he had the BSM order, that would be all that he needed to have his record corrected in the future. b. He is an attorney and published author. His biography indicates he has this award; however, he is concerned that his DD Form 214 does not indicate the award and he is aware that laws have been proposed with penalties for misrepresenting service awards. He does not want the appearance that he has done anything wrong with respect to his authorized awards. 3. The applicant provides: * DD Form 214 * BSM Certificate for the period May 1969 to April 1970 * BSM Citation for the period May 1969 to April 1970 * General Orders (GO) Number 1231, issued by Headquarters, U.S. Military Assistance Command, Vietnam (MACV), dated 7 March 1970, awarding him the BSM with "V" Device 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. On 20 September 1967, the applicant enlisted in the Regular Army. 3. Special Orders (SO) Number 228, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 13 November 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 4. SO Number 13, issued by Headquarters, 3rd Training Brigade, Fort Jackson, SC, dated 23 January 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 5. SO Number 18, issued by Headquarters, 3rd Training Brigade, Fort Jackson, SC, dated 29 January 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60). 6. GO Number 1231, issued by MACV, dated 7 March 1970, awarded the applicant the BSM with "V" Device for heroism in connection with military operations against hostile force on 24 November 1969. 7. Official correspondence issued by MACV, dated 3 March 1970, shows the applicant was authorized the Republic of Vietnam (RVN) Gallantry Cross with Bronze Star, which was presented to him by the Government of Vietnam as an individual award. 8. GO Number 2156, issued by Headquarters, MACV, dated 21 April 1970, awarded the applicant the BSM for meritorious service in connection with military operations against a hostile force for service from May 1969 to April 1970. 9. The applicant's DA Form 20 (Enlisted Qualification Record) contains the following information: a. item 31 (Foreign Service) shows he served in Vietnam from 11 March 1968 to 25 May 1968 and from 2 May 1969 to 1 May 1970, b. item 38 (Record of Assignment) shows he was assigned to the following units in Vietnam: * Company B, 3rd Battalion, 39th Infantry, 9th Infantry Division, from 21 March 1968 to 30 May 1968 * Advisory Team 37, II Corps, MACV, from 8 May 1969 to 2 May 1970 c. item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his service. d. Item 41 (Awards and Decorations) he was awarded the following: * National Defense Service Medal (NDSM) * Purple Heart (PH) * Combat Infantryman Badge (CIB) * Vietnam Campaign Medal (VCM) * Vietnam Service Medal (VSM) * Two Overseas Service Bars * Gallantry Cross Medal with bronze star * BSM with "V" Device * Sharpshooter Marksmanship Qualification Badge with Machinegun Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M16) * Expert Marksmanship Qualification Badge with Rifle Bar (M14) 10. The applicant's record shows no evidence of nonjudicial punishment (NJP) under the provision of Article 15 of the Uniform Code of Military Justice (UCMJ), no evidence of courts-martial, or evidence of any other type of adverse action that would have precluded him from award of the Army Good Conduct Medal (AGCM) (1st Award.) 11. On 4 May 1970, the applicant was honorably released from active duty. His DD Form 214 contains the following entries: a. item 22a (Net Service This Period) – he completed 2 years, 7 months, and 15 days of active duty service, b. item 22c (Foreign and/or Sea Service) – he completed 1 years, 2 months, and 15 days of foreign service, and c. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the: * NDSM * CIB * VSM * BSM with "V" Device * VCM * PH REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the VSM and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following six campaigns: * Tet Counteroffensive (30 January 1968 – 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968) * Tet 69 Counteroffensive (23 February 1969 – 8 June 1969) * Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) * Vietnam-Winter-Spring 1970 (1 November 1969 – 30 April 1970) * DA Sanctuary Counteroffensive (1 May 1970 – 30 June 1970) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the following units were cited for awards during the period of the applicant's assignment: a. 3rd Battalion, 39th Infantry, was cited for award of the: * Valorous Unit Award for the period 6 - 12 May 1968, by Department of the Army General Order (DAGO) Number 43, dated 1970 * RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968, by DAGO Number 31, dated 1969 * RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969, by DAGO 43, dated 1970, as amended by DAGO Number 59, dated 1969 b. Headquarters, MACV, and its subordinate units (including the applicant's unit) were cited for award of the Republic of RVN Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by DAGO Number 8, dated 1974. 3. Department of the Army 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. 4. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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. 5. Army Regulation 635-5 (Separations Documents), then in effect, stated the DA Form 20 and any other available documents were among those source documents to be used when preparing the DD Form 214. DISCUSSION: 1. The applicant contends his record should be corrected to show he was awarded the BSM for meritorious service. a. GO Number 1231 awarded the applicant the BSM with "V" Device for heroism in connection with military operations against hostile force on 24 November 1969. This award was recorded on his DD Form 214. b. GO Number 2156 awarded the applicant the BSM (2nd Award) for meritorious service in connection with military operations against a hostile force for service from May 1969 to April 1970. His DD Form 214 does not reflect this award. 2. SO Number 228 awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 does not reflect this award. 3. SO Number 13 awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 does not reflect this award. 4. SO Number 18 awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60). His DD Form 214 does not reflect this award. 5. The applicant was authorized to accept and wear the Gallantry Cross with Bronze Star, which was presented to him by the Government of Vietnam. His DD Form 214 does not reflect this award. 6. GO awarded his units the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation (2nd Award), and the RVN Civil Actions Honor Medal First Class Unit Citation, for periods coinciding with his assignment to the units. His DD Form 214 does not reflect these unit awards. 7. He participated in six campaigns while serving in Vietnam; therefore, he is authorized one silver service star and one bronze star for wear on his already awarded VSM. His DD Form 214 does not reflect these service stars. 10. The evidence of record shows the applicant served honorably during the period 20 September 1967 through 4 May 1970. There is no derogatory information in the form of NJP or suspension of favorable personnel actions that would disqualify him for the first award of the AGCM (1st Award). Additionally, there are no entries in his record to indicate that his commander denied him this award and he received "excellent" conduct and efficiency ratings. It appears he met the criteria for this award. His DD Form 214 does not reflect this 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) AR20160004728 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004728 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2