BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005286 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: AR20160005286 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 13 April 1965 through 18 January 1967, b. deleting award of the Vietnam Service Medal from his DD Form 214, and c. adding the following awards to his DD Form 214: * Purple Heart (2nd Award) * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Driver and Mechanic Badge 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 award of the Army Commendation Medal. _________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: AR20160005286 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 award of two Purple Hearts and the Army Commendation Medal. 2. The applicant states he wants his records to be accurate. 3. The applicant provides: * Headquarters, 4th Infantry Division, General Orders Number 1042, dated 26 May 1967 * Purple Heart Certificate, dated 13 November 1966 * Army Commendation Medal Certificate, dated 14 April 1967 * DA Form 20 (Enlisted Qualification Record) * 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 13 April 1965. 3. His records contain: a. Headquarters Fort Polk, Special Orders Number 134, dated 7 June 1965, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); b. Headquarters, 25th Infantry Division, Special Orders Number 271, dated 16 November 1965, awarding him the Second Class Gunner (currently known as Marksman) Marksmanship Qualification Badge with Machine Gun Bar (M-60); and c. Headquarters, 1st Battalion, 14th Infantry Regiment, General Orders Number 10, dated 18 November 1966, awarding him the Safe Driver Badge (currently known as the Driver and Mechanic Badge). 4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 16 January 1966 through 15 January 1967 and he was assigned to Company A, 1st Battalion, 14th Infantry Regiment. He participated in two campaigns during this period. Item 38 also shows his conduct and efficiency ratings as "excellent" where rated. 5. Item 40 (Wounds) of his DA Form 20 contains no entries. 6. Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded or authorized the Purple Heart or Army Commendation Medal. 7. His records do not contain orders awarding him the Purple Heart or Army Commendation Medal. 8. He was honorably released from active duty on 18 January 1967. He completed 1 year, 9 months, and 6 days of total active service. 9. His DD Form 214 does not show award of the Purple Heart or Army Commendation Medal. It shows he was awarded or authorized the: * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * National Defense Service Medal * Bronze Star Medal with "V" Device 10. He provided a copy of an Army Commendation Medal Certificate, dated 14 April 1967, showing he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period January 1966 to January 1967. The copy he provided does not include the signature blocks that would be present at the bottom of the form. 11. He provided Headquarters, 4th Infantry Division, General Orders Number 1042, dated 26 May 1967, awarding him the Purple Heart for wounds received in connection with military ground operations against a hostile force in the Republic of Vietnam on 13 November 1966 and on 3 November 1966. 12. He provided a Purple Heart Certificate, dated 8 June 1967, showing he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 13 November 1966. 13. There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. 14. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Army Commendation Medal pertaining to the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. b. A bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign. 2. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 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 person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a 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 Vietnam. This pamphlet shows 1st Battalion, 14th Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 through 1 August 1967 in Department of the Army General Orders Number 48, dated 1971. DISCUSSION: 1. The applicant provided orders awarding him the Purple Heart for wounds received in connection with military ground operations against a hostile force on 3 November 1966 and 13 November 1966. Neither of these Purple Heart awards is reflected on his DD Form 214. 2. His records contain orders awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Machine Gun Bar, and Driver and Mechanic Badge. His DD Form 214 does not reflect these badges. 3. General orders announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citations to the unit to which the applicant was assigned in Vietnam. His DD Form 214 does not show this unit award. 4. By virtue of his participation in two campaigns, he was authorized award of the Vietnam Service Medal with two bronze service stars. His DD Form 214 shows does not show any bronze service stars with the Vietnam Service Medal. 5. He served honorably during the period 13 April 1965 through 18 January 1967, completing 1 year, 9 months, and 6 days of net active service ending with his release from active duty. His conduct and efficiency ratings were "excellent" where rated. There is no evidence in his records of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal. His DD Form 214 does not show this award. 6. He provided an Army Commendation Medal Certificate that was issued after he had been released from active duty. The copy he provided does not include the signature blocks that would be present at the bottom of the form. The period of service shown on the certificate coincides with his service in Vietnam and the certificate states the award was given for meritorious service in Vietnam. He did not provide nor does his record contain orders awarding him the Army Commendation Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005286 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005286 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2