IN THE CASE OF: BOARD DATE: 31 May 2018 DOCKET NUMBER: AR20160007786 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :x :x :x 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: 31 May 2018 DOCKET NUMBER: AR20160007786 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 with "V" Device and Combat Infantryman Badge. 2. The applicant states his DD Form 214 omitted his awards. He can't get combat or valor license plates. 3. The applicant provides his DD Form 214 and a letter from the National Personnel Records Center. 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 12 August 1970 and he held military occupational specialty 11B (Light Weapons Infantryman). 3. Special Orders (SO) Number 329, issued by Headquarters, U.S. Army Training Center, Fort Polk, LA on 1 December 1970, awarded him the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Sharpshooter Marksmanship Qualification Badge with Grenade Bar (M-79) 4. He served in Vietnam from 11 January 1971 to 20 December 1971. He was assigned to: * Headquarters and Headquarters Company, 1st Battalion, 12th Cavalry, 1st Cavalry Division, from 15 January to 7 April 1968 * Company C, 1st Battalion, 12th Cavalry, 1st Cavalry Division, from 8 April 1968 to 20 December 1971 5. Headquarters, 1st Cavalry Division, Vietnam, published the following SO/General Orders (GO) announcing awards given to him: * SO Number 56, 25 February 1971, Combat Infantryman Badge * GO Number 2098, 3 November 1971, Bronze Star Medal with "V" Device for heroism on 18 September 1971 * GO Number 2098, 17 December 1971, Bronze Star Medal for service from January to December 1971 6. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 20 December 1971. His DD Form 214 shows he completed 1 year, 4 months, and 9 days of total active service with no lost time. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Vietnam Campaign Medal with 60 Device 7. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive, Phase VII, 1 July 1970—30 June 1971 * Consolidation I, 1 July 1971—30 November 1971 * Consolidation II, 1 December 1971—29 March 1972 2. Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows the 1st Battalion, 12th Cavalry, was cited for award of the: * Valorous Unit Award for the period 23 September to 25 October 1971 by DAGO Number 5, dated 1985 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 by DAGO Number 42, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period September 1965 to June 1974 by DAGO Number 54, dated 1974 3. DA Pam 672-3 further 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. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. 4. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal 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. DISCUSSION: 1. GO awarded the applicant two awards of the Bronze Star Medal, one of which was with a "V" Device for heroism. His DD Form 214 does not reflect these awards. 2. SO awarded the applicant the Combat Infantryman Badge. His DD Form 214 does not reflect this badge. 3. SO awarded him the following marksmanship badges, which are not listed on his DD Form 214: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Sharpshooter Marksmanship Qualification Badge with Grenade Bar (M-79) 4. GO awarded his unit in Vietnam the Valorous Unit Award and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for periods coinciding with his assignment. His DD Form 214 does not reflect these awards. 5. He participated in three campaigns during his service in Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 reflects two instead of three bronze service stars to indicate his campaign participation. 6. The evidence of record confirms he served honorably during the period 12 August 1970 through 20 December 1971. It appears he meets the regulatory criteria for award of the Army Good Conduct Medal (1st Award) in that: * there is no evidence of any derogatory information in his file or adverse action taken against him * he received “excellent” conduct and efficiency ratings throughout his military service * he served in Vietnam, attained the rank/grade of SP4/E-4, and received a valor award * he has no convictions by a court-martial and his record does not contain a commander’s disqualification of this medal * BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 12 August 1970 through 20 December 1971 * deleting from his DD Form 214 the Vietnam Service Medal with 2 bronze service stars and adding to his DD Form 214: * Army Good Conduct Medal (1st Award) * Bronze Star Medal (2nd Award) with "V" Device * Vietnam Service Medal with 3 bronze service stars * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Sharpshooter Marksmanship Qualification badge with Grenade Bar (M-79) * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007786 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007786 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2