IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160017859 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: 19 September 2018 DOCKET NUMBER: AR20160017859 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: a. deleting from his DD Form 214 the Vietnam Service Medal; and b. adding to his DD Form 214 the: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * 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 any relief in excess of that described above. ____________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: 19 September 2018 DOCKET NUMBER: AR20160017859 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 award of the Army Good Conduct Medal and any other awards he is entitled. 2. The applicant states he believes he is entitled to the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation and bronze service stars for his previously-awarded Vietnam Service Medal. 3. The applicant provides a copy of his 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 23 October 1967. Evidence shows he served in the Republic of Vietnam during the period 17 April 1968 through 24 May 1969. 3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 13th Artillery Regiment for the period 20 April 1968 to 24 May 1969. His conduct was noted as, "good" for a period of his service. 4. Special Orders Number 333 issued by Headquarters, U.S. Army Training Center, Fort Bragg, NC on 29 November 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 5. Special Orders Number 78 issued by Headquarters, U.S. Army Combat Surveillance School/Training Center, Fort Huachuca, AZ on 20 March 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 6. On 26 May 1969, he was honorably released from active duty in the rank/grade of specialist four/E-4. He completed 1 year, 7 months and 4 days of total active service. His DD Form 214 shows he was awarded or authorized National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960) 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 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. 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 four campaigns: * Vietnam Counteroffensive Phase IV (24 April 1968 - 30 June 1968) * Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * TET 69 Counteroffensive (23 February 1969 - 8 June 1969) 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. The applicant was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 13th Artillery Regiment, during a period for which the unit was awarded the Meritorious Unit Commendation by Department of the Army General Order (DAGO) Number 36, dated 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation by DAGO Number 51, dated 1971. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that 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. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). These badges are not listed on his DD Form 214. 2. The evidence shows he was awarded the Vietnam Service Medal. He also participated in four campaigns during his service in the Republic of Vietnam which are not recorded on his DD Form 214. 3. Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment which are not listed on his DD Form 214. 4. With regard to award of the Army Good Conduct Medal, a commander's decision to award the Army Good Conduct Medal is based on his or her personal knowledge and of an individual's official records for periods of service under previous commanders during the period for which the award is to be made. The governing regulation states the Army Good Conduct Medal was awarded 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. Evidence shows his conduct was rated as "good" during a period of his service. The applicant did not meet the criteria for this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017859 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017859 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2