IN THE CASE OF: BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012372 BOARD VOTE: ___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: 16 May 2018 DOCKET NUMBER: AR20160012372 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: a. awarding him the Army Good Conduct Medal (1st Award), for his qualifying honorable active duty service from 16 May 1968 to 15 May 1970; b. amending item 24 his DD Form 214 by deleting the Bronze Star Medal with "V" Device, Air Medal (1st Oak Leaf Cluster), Vietnam Service Medal; and adding the following awards: * Bronze Star Medal "V" Device (3rd Award) * Air Medal with Numeral 7 * Army Good Conduct Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation ___________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: 16 May 2018 DOCKET NUMBER: AR20160012372 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 (3rd Award) and the Air Medal with Numerals 2 through 7. 2. The applicant states that he wants an accurate record. 3. The applicant provides: * DD Form 214 * Bronze Star Medal Order * two Bronze Star Medal Certificates * Bronze Star Medal Citation * three Air Medal Orders 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's military records are not available to the Board for review. This applicant's DD Form 214, official orders, award certificates, and citation are the primary document used in this case. 3. The applicant was inducted into the Army of the United States on 16 May 1968. 4. Headquarters, 9th Infantry Division, General Orders (GO) Number 5733, dated 19 May 1969, announced the applicant’s award of the Bronze Star Medal with "V" Device and OLC (2nd Award) for heroism on 22 April 1969. It also shows his assignment in the Republic of Vietnam (RVN) with Company A, 4th Battalion, 39th Infantry Regiment. 5. An official certificate shows the applicant’s receipt of the Bronze Star Medal (3rd Award) for meritorious achievement in the RVN during the period April through June 1969. The corresponding citation details the justification with this award. 6. Headquarters, 9th Infantry Division, published the following three orders announcing the applicant’s initial Air Medal through 7th Numeral from 7 January to 31 May 1969, during his assignment in the RVN with Company A, 4th Battalion, 39th Infantry Regiment: * GO Number 5989, dated 26 May 1969 * GO Number 9867, dated 11 July 1969 * GO Number 9848, dated 11 July 1969 7. He was honorably released from active duty in the rank and grade of sergeant (SGT)/E-5 on 15 May 1970. His DD Form 214 shows he completed 2 years of creditable active service, of which 1 year, 5 months, and 2 days was foreign service performed during the period 14 October 1968 through 30 July 1969, with no lost time. It also lists the following awards: * Soldier’s Medal * Bronze Star Medal with "V" Device * Army Commendation Medal with "V" Device (4th Award) * Air Medal with Numeral 2 * National Defense Service Medal * Republic of Vietnam Campaign Medal with 1960 Device * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification with Rifle Bar (M-14 and M-16) 8. The available evidence contains no documents to show the applicant was ever awarded the Army Good Conduct Medal. It also contains no derogatory information and there is no documented record of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal. REFERENCES: 1. 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. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 2. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. a. Paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns: * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69, Counteroffensive, 1969 (23 February - 8 June 1969) * Vietnam Summer-Fall 1969 (9 June – 31 October 1969) b. Paragraph 3-17 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal. 3. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. GO and Bronze Star Medal certificates show the applicant’s award of the Bronze Star Medal with "V" Device (3rd Award). The DD Form 214 only lists one Bronze Star Medal with "V" Device. 2. GO awarded him the Air Medals with Numeral 7. His DD Form 214 incorrectly reflects the Air Medal with Oak Leaf Cluster, denoting only two awards of the Air Medal. 3. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment to the unit. His DD Form 214 does not reflect this unit award. 4. He appears to have met the criteria for award of the Army Good Conduct Medal (1st Award), despite the absence of orders, in that: * he served honorably from 16 May 1968 through 15 May 1970, completing 2 years of active service with no lost time * he completed a tour in Vietnam, attained the rank/grade of SGT/E-5, and he had no derogatory information in the available evidence * he was highly decorated in that he received the Soldier’s Medal, BSM with “V” Device and 2 OLCs, Army Commendation Medal with “V” Device and 3 OLCs, among other awards and badges 5. The applicant’s Vietnam service entitles him four bronze service stars with his already-awarded VSM and the RVNGC. These awards are not listed on the applicant’s DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012372 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2