IN THE CASE OF: BOARD DATE: 14 June 2018 DOCKET NUMBER: AR20160008731 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: 14 June 2018 DOCKET NUMBER: AR20160008731 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 reflect the Bronze Star Medal. 2. The applicant states, in effect, he was awarded the Bronze Star Medal on 2 August 1969 but it is not reflected on his DD Form 214. 3. The applicant provides a Bronze Star Medal Citation and Bronze Star Medal Certificate. 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 2 January 1968 and he held military occupational specialty (MOS) 11B (Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows: * Item 29 (Qualifications in Arms), he qualified as a marksman with the M- 14 rifle in February 1968, sharpshooter with the M-16 rifle in March 1968, and 1st class gunner (sharpshooter) with the M-60 machine gun in April 1968 * Item 31 (Foreign Service), he departed the United States to travel to Vietnam on or about 11 September 1968 * Item 38 (Record of Assignments), he was assigned to the 38th Infantry Platoon, Scout Dog, 25th Infantry Division, with principle duties of Scout Observer and Scout Leader from 21 September 1968 through his return to the United States (on or about 29 August 1969) * Item 39 (Campaigns), Vietnam Counter Offensive Phase V * Item 41 (Awards and Decorations), he was awarded or authorized: * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * National Defense Service Medal * Vietnam Service Medal * Purple Heart * Combat Infantryman Badge 4. The applicant’s record does not contain any general orders authorizing him award of the Bronze Star Medal. The applicant provides: a. Bronze Star Medal Citation, issued by 25th Infantry Division for meritorious service in the Republic of Vietnam during the period September 1968 to September 1969. b. Bronze Star Medal Certificate, signed by Major General E. W. Williamson on 2 August 1969, for meritorious achievement in ground operations against hostile forces from the period September 1968 to September 1969. 5. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal. 6. He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 30 August 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he completed 1 year, 7 months, and 29 days of active service, of which 11 months and 20 days was foreign service. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Purple Heart * Combat Infantryman Badge 7. 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. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings. 8. According to the Army Center for Military History, MG E. W. Williamson was the Commanding General, 25th Infantry Division, from 1968 to 1969. REFERENCES: 1. Army Regulation 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 campaign. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for four campaigns: * Vietnam Counteroffensive Phase V, 1 July 1968 to 1 November 1968 * Vietnam Counteroffensive Phase VI, 2 November 1968 to 22 February 1969 * Tet 69/Counteroffensive, 23 February 1969 to 8 June 1969 * Vietnam Summer-Fall 1969, 9 June 1969 to 30 October 1969 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. It stated the Bronze Star Medal was awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. 3. Army Regulation 672-5-1 (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 of at least 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 4. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation as confirmed by DAGO Number 8, dated 1974. DISCUSSION: 1. With respect to the Bronze Star Medal: a. He held the rank/grade of SGT/E-5 and performed duties of Scout Observer and Scout Leader while on combat duty in Vietnam. He was also wounded in action and awarded the Purple Heart as well as the Combat Infantryman Badge. b. 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 and citation he provides are consistent with his rank, position, unit, period of service in Vietnam. The certificate is signed by the appropriate approval authority for the award. These documents indicate the applicant was, in fact, awarded the Bronze Star Medal, but the orders were not properly filed. 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. He also participated in four campaigns. He is authorized four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the four service stars. 4. His DA Form 20 shows he was awarded three badges that were not recorded on his DD Form 214: * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 5. He appears to have met the criteria for award of the Army Good Conduct Medal in that: * he completed 1 year, 7 months, and 29 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 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 2 January 1968 through 30 August 1969 * Amending his DD Form 214 for the period ending 30 August 1969 as follows: * Delete "VIETNAM SERVICE MEDAL" * Add – * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Qualification Badge with Machine Gun Bar (M-60) * Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 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) AR20160008731 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008731 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2