BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160014605 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 BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160014605 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 the period 6 April 1970 to 5 November 1971; b. deleting from his DD Form 214 the Vietnam Service Medal; and d. adding to his DD Form 214 the: * Bronze Star Medal * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) _____________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. BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160014605 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards he is authorized. 2. The applicant states some awards were granted after his discharge. 3. The applicant provides: * General Orders Number 11338 * Army Commendation Medal Certificate * Army Commendation Medal Citation * Bronze Star Medal Certificate * Bronze Star Medal Citation * DD Form 214 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 6 April 1970. 3. The applicant served in the Republic of Vietnam for the period 18 August 1970 to 4 November 1971. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Battery B, 5th Battalion, 4th Artillery Regiment, for the period 4 September 1970 to 25 July 1971 and with Battery A, 2nd Battalion (Airmobile), 11th Artillery Regiment, for the period 26 July through 4 November 1971. 4. Item 38 of his DA Form 20 further shows he received all "excellent" conduct and efficiency ratings throughout his service. His record does not contain any derogatory information or a commander's disqualification that would have precluded him from receiving the initial award of the Army Good Conduct Medal for the period 6 April 1970 through 5 November 1971. 5. Special Orders Number 142 issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, on 22 May 1970 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 6. General Orders Number 10477 issued by Headquarters, 101st Airborne Division (Airmobile), on 8 November 1971 awarded him the Bronze Star Medal. 7. General Orders Number 11338 issued by Headquarters, 101st Airborne Division (Airmobile), on 26 November 1971 awarded him the Army Commendation Medal. 8. On 5 November 1971 he was honorably released from active duty. His DD Form 214 lists the National Defense Service Medal and the Vietnam Service 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 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) states: a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states 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 two campaigns: * Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971) * Consolidation I (1 July – 30 November 1971) b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam for 6 months during the period 1 March 1961 through 28 March 1973. Qualifying service outside the geographical limits of the Republic of Vietnam required that the individual contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months. 3. 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. Battery A, 2nd Battalion (Airmobile), 11th Artillery Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 18 April through 31 August 1971 by Department of the Army General Order Number 6, dated 1974. DISCUSSION: 1. The evidence of record confirms he served honorably during the period 6 April 1970 through 5 November 1971. His record does not contain a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award). As such, it appears he meets the regulatory criteria for award of the Army Good Conduct Medal (1st Award). 2. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). This badge is not recorded on his DD Form 214. 3. General orders awarded him the Bronze Star Medal and the Army Commendation Medal. These awards were not recorded on his DD Form 214. 4. The record shows the applicant participated in two campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect any bronze service stars to indicate his campaign participation. 5. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his DD Form 214. 6. Evidence shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960), which is not shown on his 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) AR20160014605 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014605 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2