IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160010565 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 IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160010565 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 12 September 1966 to 16 April 1969 * deleting the Vietnam Service Medal * adding the * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star and one bronze service star * Expert Marksmanship Qualification Badge with Machine Gun Bar (M60) Marksman Marksmanship Qualification Badge with Rifle Bar (M14) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 adding the Bronze Star Medal and MOS 11B (Infantryman) and MOS 31E (Field Radio Repairer) to his DD Form 214. __________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. IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160010565 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, Army Good Conduct Medal and all authorized awards, decorations and badges. In addition, he requests the addition of military occupational specialty (MOS) 11B (Infantryman) and MOS 31E (Field Radio Repairer) to his DD Form 214. 2. The applicant states his DD Form 214 contains administrative errors. 3. The applicant provides his DD Form 214 and a Bronze Star Medal certificate and citation. 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 12 September 1966, the applicant enlisted in the Regular Army. He completed basic combat training. He applied to and was accepted for Officer Candidate School. 3. On 30 January 1967 orders were published awarding him MOS 11B effective the same date. On 4 February 1967 orders were published showing he was disqualified from the Officer Candidate School and reassigned him to advanced individual training. He attended the U.S. Army Signal Center and School at Fort Monmouth, New Jersey. 4. Special Order Number 149, dated 20 July 1967, issued by the U.S. Army Signal Center awarded the applicant primary MOS 32E (Fixed Plant Carrier Repairman). 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows: a. he completed training and qualified in MOS 11C (Indirect Fire Infantryman) and MOS 32E. b. he served in the Republic of Vietnam from 2 September 1967 to 1 March 1969, and during this period, he was assigned to the following units: (1) Headquarters and Headquarters Detachment, 125th Signal Battalion, 25th Infantry Division from 6 September to 15 September 1967, and (2) Company C, 125th Signal Battalion, 25th Infantry Division from 16 September 1967 to 10 April 1969. c. he received all "excellent" conduct and efficiency ratings. d. his authorized award were – * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * two overseas service bars e. his primary MOS as 32E (Fixed Plant Carrier Repairman) awarded on 8 August 1967. 6. Special Orders Number 7, dated 11 January 1967, issued by the U.S. Army Training Center, Fort Dix, New Jersey announced he qualified as an Expert Marksmanship Qualification Badge with Machine Gun Bar (M60) and Marksman Marksmanship Qualification Badge with Rifle Bar (M14). 7. Special Orders Number 183, dated 1 July 1968, issued by Headquarters, 25th Infantry Division promoted him temporarily to the rank of sergeant/pay grade E-5 in MOS 31E. These orders do not indicate whether this MOS was awarded as a primary MOS. 8. His 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. 9. On 16 April 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve. He received a DD Form 214 for this period of active service showing he completed 2 years, 7 months, and 5 days of net service. His DD Form 214 does not show the Bronze Star Medal or the Army Good Conduct Medal. It shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross Unit Citation. Item 23a (Specialty Number and Title) reflects 32E, Fixed Plant Carrier Repairman. 10. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Decorations and Award Branch, failed to reveal orders pertaining to the Bronze Star Medal for the applicant. 11. The applicant provided a copy of his Bronze Star Medal certificate and citation showing he served in the Republic of Vietnam during the period September 1967 to April 1969. The certificate and citation recognized him for meritorious achievement in ground operations against a hostile force. The certificate was signed on 16 March 1969 by a major general. The applicant did not provide orders that would have accompanied the certificate when presented to him. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states 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. 2. Army Regulation 600-8-22 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 awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star is worn in lieu of five bronze service stars. During his service in Vietnam, campaign participation credit was awarded for the following six campaigns: * Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) * Vietnamese Counteroffensive Phase V (1 July – 1 November 1968) * Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69/Counteroffensive (23 February - 8 June 1969) 3. Army Regulation 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 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to 125th Signal Battalion his unit was cited for award of the: * Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 36, dated 1970 for the period from 1 July 1967 to 31 December 1968 * Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 48, dated 1971 for the period March 1966 to August 1968 5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for the completion of the DD Form 214. Regarding award and decorations, it stated all decorations, service medals, campaign credits, and badges awarded or authorized would be reflected. The source document was the DA Form 20 and award orders. For item 23a, enter the primary MOS code number and title. DISCUSSION: 1. Army Regulation 600-8-22 requires the announcement of personnel decorations, to include the Bronze Star Medal, by orders. A review of the applicant's official military personnel file and the Republic of Vietnam award files maintained at the U.S. Army Human Resources Command failed to produce orders awarding him the Bronze Star Medal. 2. The applicant provided a Bronze Star Medal certificate and citation, which states he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from September 1967 to April 1969. The certificate does not reflect order numbers, but does include the signatures of a general officer and the Secretary of the Army. 3. The evidence of record confirms he served honorably during the period 12 September 1966 to 16 April 1969. Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service. His record contains no evidence to preclude his award of the Army Good Conduct Medal (1st Award). 4. Special orders awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M60) and Marksman Marksmanship Qualification Badge with Rifle Bar (M14), which were omitted from his DD Form 214. 5. He was awarded the Vietnam Service Medal. Additionally, he participated in six campaigns during his service in Vietnam. By regulation he is authorized one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal. His DD Form 214 does not show these service stars. 6. General Orders cited the applicant's unit of assignment in the Republic of Vietnam for award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not list these unit awards. 7. The applicant was awarded primary MOS 32E in August 1967. There are no orders after that date awarding him primary MOS 11B (Infantryman). In addition, there is no entry on his DA Form 20 showing he was awarded that MOS after August 1967 as a primary MOS. It appears he received MOS 11B in January 1967; however, it did not remain his primary MOS. 8. The orders promoting the applicant to the temporary rank of SGT show his was promoted in MOS 31E. However, as this was a temporary promotion and his orders do not stipulate whether this MOS was intended to serve as his primary MOS or simply the MOS he would serve in during the period of his temporary promotion. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010565 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010565 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2