BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160004831 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: 19 December 2017 DOCKET NUMBER: AR20160004831 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 his service from 5 December 1968 to 9 September 1970. b. deleting from his DD Form 214 the Vietnam Service Medal and Bronze Star Medal. c. adding to his DD Form 214: • Bronze Star Medal (3rd Award) with "V" Device • Vietnam Service Medal with four bronze service stars • Valorous Unit Award • Army Good Conduct Medal (1st Award) • Republic of Vietnam Gallantry Cross with Palm Unit Citation • Combat Infantryman Badge • Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation • Expert Marksmanship Qualification Badge with Rifle Bar (M-14) • Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) • Two Overseas Service Bar 2. The Board further determined that 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 any relief in excess of that described above. __________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: AR20160004831 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 he was awarded the Bronze Star Medal (BSM) (3rd Award), Combat Infantryman Badge (CIB), Republic of Vietnam (RVN) Campaign Medal (RVNCM) with Device (1960), and an overseas service bar. 2. The applicant states his CIB, RVNCM with Device (1960), three BSMs and an overseas service bar are not listed on his DD Form 214 3. The applicant provides: * BSM Certificates * A Vietnam Combat Certificate * 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. On 5 December 1968, the applicant was inducted into the Army of the United States. After initial training, he was awarded military occupational specialty 11F (Infantry Operations and Intelligence Specialist.) 3. Special Orders (SO) Number 31, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 6 February 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14). 4. SO Number 063, issued by Headquarter, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 14 March 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M16). 5. General Orders (GO) Number 6917, issued by Headquarters, 1st Calvary Division (Airmobile), dated 1 May 1970, shows the applicant was awarded the BSM with "V" Device for heroism in connection with ground operations against a hostile force in the RVN on 29 March 1970. The applicant provides the certificate for this award. 6. SO Number 138, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 18 May 1970, shows the applicant was awarded the CIB, with an effective date of 7 May 1970. 7. GO Number 15085, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 16 August 1970 , shows the applicant was awarded the BSM for meritorious service, not involving participation in aerial flight, in connection with military operations against a hostile force in the RVN during the period September 1969 to September 1970. The applicant provides the certificate for this award. 8. The applicant’s DA Form 20 (Enlisted Qualification Record), contains the following relevant entries: a. Item 31 (Foreign Service) – 9 September 1969 through 6 September 1970, U.S. Army Pacific (USARPAC), Vietnam b. Item 38 (Record of Assignments) – he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 7th Cavalry, 1st Cavalry Division, (Airmobile), USARPAC from 18 September 1969 to 3 September 1970. c. Item 38 – shows he received all "excellent" conduct and efficiency ratings throughout his service, except for one period where his ratings were unknown due to being in transit between two units of assignment. d. item 41 (Awards and Decorations) – * National Defense Service Medal (NDSM) * Vietnam Service Medal * BSM with “V” Device * Overseas Service Bar * RVNCM with Device (1960) * CIB * Air Medal (AM) * BSM * Marksman Marksmanship Qualification Badge with Rifle Bar (M16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) 9. On 9 September 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group. His DD Form 214 shows he completed 1 year, 9 months, and 5 days of net active service. He was awarded or authorized: * NDSM * BSM * Vietnam Service Medal (VSM) * "Vietnam Campaign Medal" (i.e., RVNCM with Device (1960)) * Air Medal 10. The applicant provides a copy of a BSM Certificate dated 2 September 1970 showing he received the award for meritorious achievement during the period April 1970 to July 1970. The certificate is signed by general officer in command of the 1st Cavalry Division at the time. The orders announcing this award are not available. 11. The applicant provides a copy of a Vietnam Combat Certificate that shows the HHC, 2nd Battalion, 7th Cavalry, of the 1st Cavalry Division was awarded the Presidential Unit Citation (PUC) for the period September 1969 to September 1970. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. It states that a bronze service star will be awarded for wear on the VSM for participation in each campaign. Authorized campaigns include: * 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) * Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971) 2. Army Regulation 600-8-22 (Military Awards) states: a. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the BSM. b. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with the award of the BSM. Although more than one award may be made for heroism to the same person, only one "V" device may be worn. 3. Department of the Army Pamphlet (DA Pam) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. The 2nd Battalion, 7th Cavalry was awarded the following unit awards: a. Valorous Unit Award (VUA) for the period 1 May to 29 June 1970, by Department of the Army GO (DAGO) Number 43, dated 1972. b. RVN Gallantry Cross with Palm Unit Citation for the period May 1969 to May 1970, DAGO Number 11, dated 1973. c. Although not more than one RVN Gallantry Cross with Palm Unit Citation will be worn by any individual, official military personnel and historical records will indicate all awards received. d. RVN Civil Actions Honor Medal, First Class for the period 1 January 1969 to 1 February 1970, DAGO 42, dated 1972. 4. Army Regulation 672-5-1 (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. 5. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army (DA) message. a. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars. b. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. 6. Army Regulation 670-5 (Uniform Insignia – Male Personnel), in effect at the time, states overseas service bars may be worn on the Army Green uniform by Soldiers who served in Vietnam. One overseas service bar is authorized for each period of 6 months of active Federal service as a member of the U.S. Army in Vietnam subsequent to 1 July 1958. Regulations do not require overseas service bars to be noted on the DD Form 214. DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected to show he was awarded three BSMs, a CIB, an overseas service bar, and a RVNCM with Device (1960.) 2. His record contains orders awarding him the BSM with "V" Device for heroism in Vietnam on 1 May 1970 and the BSM for service from September 1969 to September 1970. These two awards are not accurately reflected on his DD Form 214. 3. He provides a BSM Certificate, signed by the same authority that approved his BSM for service, that shows he was also awarded the BSM for meritorious achievement for the period April 1970 to July 1970. The available records do not contain orders for this award. The Board must determine if a preponderance of the evidence supports correction of his DD Form 214 to show he received three awards of the BSM. 4. SO Number 138, dated 18 May 1970, shows the applicant was awarded the CIB with an effective date of 7 May 1970. 5. The evidence of record shows the applicant participated in four campaigns while serving in the RVN. He is entitled to four bronze service stars for wear on his already-awarded VSM, which are not shown on his DD Form 214. 6. The evidence of record shows the applicant served honorably during the period 5 December 1968 through 9 September 1970. There is no derogatory information in the form of nonjudicial punishment 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. 7. His available service record indicates he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M16). These awards are not reflected on his DD Form 214. 8. GO awarded his unit the VUA during a period of time the applicant was assigned to the 7th Cavalry, 2nd Battalion. His DD Form 214 does not reflect this award. 9. GO awarded his unit the RVN Gallantry Cross with Palm Unit Citation for a period the applicant was assigned to the 2nd Battalion, 7th Cavalry. His DD Form 214 does not reflect this award. 10. GO awarded his unit the RVN Civil Actions Honor Medal First Class Unit Citation for a period of time the applicant was assigned to the 2nd Battalion, 7th Cavalry. His DD Form 214 does not reflect this award. 11. DA Pam 672-3 does not show his unit was awarded the PUC for a period during which he was assigned to the unit. 12. The RVNCM with Device (1960) is listed on the applicant’s DD Form 214 as the Vietnam Campaign Medal. 13. Overseas service bars are items of uniform wear that are not normally listed on the 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) AR20160004831 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004831 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2