IN THE CASE OF: BOARD DATE: 30 January 2018 DOCKET NUMBER: AR20160006143 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 4 June 1967 to 17 December 1968 * Deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars, and adding to his DD Form 214 * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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. 1. 2. 3. IN THE CASE OF: BOARD DATE: 30 January 2018 DOCKET NUMBER: AR20160006143 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :RCJ :DRA :RAH GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 January 2018 DOCKET NUMBER: AR20160006143 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 the Bronze Star Medal. 2. The applicant states the award is missing on his DD Form 214 and he believes it was issued after his discharge from the service. He obtained a copy of his DD Form 214 for Veteran’s Health Administration enrollment and he noticed the Bronze Star Medal was missing. 3. The applicant provides: * Bronze Star Medal Certificate, dated 10 June 1968 * Vietnam Combat Certificate * DA Form 20 (Enlisted Qualification Record), dated 6 June 1967 * DD Form 214, dated 17 December 1968 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 4 January 1967. He held military occupational specialty 11C (Infantry Indirect Fire Crewman). 3. The applicant's DA Form 20 shows in: * Item 31 (Foreign Service) he served in Vietnam from 2 June 1967 to 4 June 1968 * Item 38 (Record of Assignments) he was assigned initially as a Rifleman/ Grenadier and later as a Squad Leader, to A Company, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division * Item 39 (Campaigns) shows the Vietnam Counteroffensive Phase III and the Vietnam Counteroffensive (Tet) campaigns * Item 41 (Awards, Decorations and Campaigns) does not show the Bronze Star Medal; it shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Air Medal, and Purple Heart 4. The applicant’s record does not reflect any general orders authorizing him award of the Bronze Star Medal. However, he provides: a. Vietnam Combat Certificate, issued by the 1st Cavalry Division, that attests to the heroism and devotion of each Soldier assigned to the unit. b. Bronze Star Medal Certificate, dated 10 June 1968, signed by Major General (MG) J--. J. To---, for meritorious achievement in ground operations against hostile forces during the period June 1967 to June 1968 in the Republic of Vietnam. c. The U.S. Army Center for Military History lists MG J—J. To--- as the Commanding General of the 1st Cavalry Division from March 1967 to August 1968. 5. He was honorably released from active duty on 17 December 1968 and transferred to the U.S. Army Control Group (Annual Training). His DD Form 214 shows he completed 1 year, 11 months, and 14 days of active military service of which 1 year and 3 days was foreign service. His DD Form 214 also shows he was awarded or authorized the: * Vietnam Service Medal with two bronze service stars * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Air Medal * Purple Heart * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Mortar Bar (81 mm)) 6. The applicant's records do not show he was awarded the Army Good Conduct Medal. Additionally, his records show no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states: 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. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. During his service in Vietnam, campaign participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive, Phase III, 1 June 1967 to 29 January 1968 * Tet Counteroffensive, 30 January 1968 to 1 April 1968 * Vietnam Counteroffensive, Phase IV, 2 April 1968 – 30 June 1968 2. AR 672-5-1 (Awards), in effect at the time, stated 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 the 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 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) shows during the applicant's service with a Company, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division from June 1967 to June 1968, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from October 1965 to 7 April 1970, Department of the Army General Order Number 8, dated 1974 DISCUSSION: 1. With respect to the Bronze Star Medal: a. The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Bronze Star Medal. There are no orders available that show he was recommended for or awarded the Bronze Star Medal. . b. However, the certificate he provides is consistent with his rank, position, unit, period of service in Vietnam, and the name of the approval authority for such award. Despite the absence of orders, it appears the applicant was in fact awarded the Bronze Star Medal but the orders are not available. c. Additionally, he performed duties of Squad Leader leading troops in combat in Vietnam. He was also wounded in action and awarded the Purple Heart as well as the Combat Infantryman Badge and Air Medal. d. Should the Board determine the certificate is sufficient evidence that he was awarded the Bronze Star Medal, relief may be granted by adding this award to his DD Form 214. 2. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This award is not shown on his DD Form 214. 3. He was awarded the Vietnam Service Medal with two bronze service stars. However, he also participated in a third campaign, the Vietnam Counteroffensive, Phase IV. He is eligible for award of a third bronze service star to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this third service star. 4. He appears to have met the criteria for award of the Army Good Conduct Medal in that: * he completed 1 year, 11 months, and 14 days of active service * attained the rank/grade of SGT/E-5 and served in Vietnam * he had no derogatory information on file that would have prevented this award * he received all “excellent” conduct and efficiency ratings throughout his service //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006143 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006143 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2