BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160004779 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: 19 December 2017 DOCKET NUMBER: AR20160004779 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 7 August 1968 to 24 May 1971; b. deleting from item 23a of his DD Form 214 "71H2S, Personnel Specialist" and adding to item 23a "12B4S, Combat Engineer;" c. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and d. adding to item 24 of his DD Form 214 the: * Bronze Star Medal (2nd Award) with "V" Device * Purple Heart * Combat Infantry Badge * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation _____________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: 19 December 2017 DOCKET NUMBER: AR20160004779 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: * Purple Heart * Bronze Star Medal (BSM) with "V" Device * Combat Infantry Badge (CIB) * Military occupational specialty (MOS) of 12B4S (Combat Engineer) 2. He states he was awarded the Purple Heart on 17 February 1971 and the BSM with "V" Device on 11 May 1971. 3. He provides: * Orders 97, dated 20 April 1970 * Orders 213, dated 17 February 1971 with Transmittal of Award, dated 26 February 1971 * Orders 1597, dated 11 May 1971 * Orders 78, dated 24 May 1971 * 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 (RA) on 7 August 1968. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 22 June 1970 to 23 May 1971. It also shows in: a. Item 27 (Military Education): * Medical Corpsman 91A, 10 weeks, 1969 * Combat Engineer (Special Forces (SF)) 12B, 19 weeks, 1969 * Personnel Management School, 71H, 4 weeks, 1969 b. Item 38 (Record of Assignments) he was assigned to: * A Company, 5th SF Group (Airborne), 1st SF from 25 June to 24 November 1970 * D Company, (Detachment B-43), 5th SF Group (Airborne), 1st SF from 25 November to 15 December 1970 * A Company, (Detachment B-43), 5th SF Group (Airborne), 1st SF from 16 December 1970 to 23 February 1971 * U.S. Army Vietnam Training Group from 24 February to 17 May 1971 4. His record shows no evidence of nonjudicial punishments under Article 15 of the Uniform Code of Military Justice (UCMJ) and no evidence of courts-martial or any other type of adverse action. Additionally, his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service with one "unknown" rating. 5. Special Orders Number 97, issued by Headquarters, U.S. Army John F. Kennedy Center for Military Assistance, Fort Bragg, NC, dated 20 April 1970 reassigned the applicant to Vietnam. The standard name line shows his MOS as 12B4S. 6. On 27 October 1970, he was promoted from specialist four (SP4) to specialist five (SP5) in MOS 12B. 7. General Orders Number 213, issued by Headquarters, 5th SF Group (Airborne), 1st SF, dated 17 February 1971, awarded him the Purple Heart for wounds receive in connection with military operations against a hostile force in the RVN on 16 January 1971. 8. General Orders Number 1597, issued by Headquarters, U.S. Army Vietnam, dated 11 May 1971, awarded him the BSM with "V" Device for heroism in connection with ground operations against a hostile force in the RVN for the period 16 to 17 January 1971. 9. Special Orders Number 78, issued by U.S. Army Vietnam, Training Support Headquarters, dated 24 May 1971, awarded him the CIB (1st Award) effective that same date. The orders show his MOS 12B4S in the standard name line. 10. General Orders Number 2264-106, issued by Headquarters, U.S. Army Vietnam, dated 29 June 1971, awarded him the BSM (1st Oak Leaf Cluster) for meritorious service in connection with ground operations against a hostile force for the period January 1971 to August 1971. 11. He was honorably released from active duty on 24 May 1971. He completed 2 years, 9 months, and 18 days of total active service. His DD Form 214 shows in: a. Item 23a (Specialty Number) - 71H2S (Personnel Specialist). b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * Army Commendation Medal * National Defense Service Medal * Parachutist Badge * Vietnamese Jump Wings (Honorary) * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * RVN Gallantry Cross with Bronze Star * RVN Civil Actions Honor Medal, First Class * Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) * One overseas bar 12. Special Orders Number 144, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA relieved the applicant from active duty and reassigned him to U.S. Army Control Group (Reinforcement) effective 25 May 1971. The standard name line shows his MOS as 12B4S. REFERENCES: 1. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualified 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows, Headquarters, United States Army Vietnam and its subordinate units [including the applicant's unit] were cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by Department of the Army General Order Number 8, dated 1974. 3. Appendix B of Army Regulation 600-8-22 (Military Awards) states that a bronze service star will be awarded for wear on the VSM for participation in each campaign. His records indicate he participated in the following two campaigns: * Sanctuary Counteroffensive (1 May 1970 - 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971 4. Army Regulation 635-5 (Personnel Separations), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation states, in pertinent part, to enter primary MOS code number and title in item 23a at the time of separation. DISCUSSION: 1. Orders verify he was awarded the Purple Heart, CIB, and two awards of the BSM, one with "V" Device. These awards are not listed on his DD Form 214. 2. The evidence of record shows he received all "excellent" conduct and efficiency ratings with one "unknown" rating, which is not disqualifying for award of the AGCM. He had no record of courts-martial, and no commander's disqualification for award of the AGCM. The evidence indicates he met the criteria for the first award of the AGCM for the period 7 August 1968 to 24 May 1971. 3. The evidence of record also shows he was reassigned to the RVN in MOS 12B4S and on 27 October 1970, he was promoted to SP5 in MOS 12B4S. He was subsequently released from active duty and transferred to the U.S. Army Control Group (Reinforcement) in the same MOS. Therefore, it appears his MOS should be corrected to show 12B4S, Combat Engineer, on his DD Form 214. 4. The RVN Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973, which were subordinate to Headquarters, U.S. Army Vietnam. This unit award is not listed on his DD Form 214. 5. His DD Form 214 reflects award of the VSM; however, it does not include two bronze service stars to denote his participation in two campaigns. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004779 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004779 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2