IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160019090 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: 15 August 2018 DOCKET NUMBER: AR20160019090 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. awarding him the Army Good Conduct Medal (1st Award) for the period 26 May 1965 to 25 May 1968; b. deleting the Vietnam Service Medal from his DD Form 214; and c. adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Army Commendation Medal with “V” Device * Korea Defense Service Medal * Vietnam Service Medal with three bronze service stars * Valorous Unit Award * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 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 the Bronze Star Medal with "V" Device. ____________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: 15 August 2018 DOCKET NUMBER: AR20160019090 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) for the period ending 13 November 1970 to show the: * Bronze Star Medal with “V” Device * Army Commendation Medal with "V" Device 2. He states, in effect, these awards are missing from his DD Form 214. 3. He provides no additional evidence. 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 show: a. He enlisted in the Regular Army on 26 May 1965. b. He held military occupational specialty 11B (Light Weapons Infantryman). He served in the Republic of Vietnam from 24 December 1965 to 18 December 1966 while assigned to the Company C, 1st Battalion, 28th Infantry, during his tour of duty in the Republic of Vietnam. c. General Orders (GO) 3879, dated 14 December 1966, issued by Headquarters, 1st Infantry Division, Republic of Vietnam, awarded him the Army Commendation Medal with "V" Device for heroism on 8 November 1966. d. He accepted nonjudicial punishment in accordance with Article 15, Uniform Code of Military Justice, for sleeping on his post (2 occasions) and being absent without leave from 1 February 1967 to 26 February 1967. e. He was honorably discharged on 19 March 1967 and immediately reenlisted on 20 March 1967. f. Special Orders (SO) Number 94, dated 9 May 1968, issued by Headquarters, 3rd Advanced Individual Training (AIT) Brigade, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). g. He served in the Republic of Korea, from 31 March 1969 to 12 November 1970 while assigned to the Headquarters and Headquarters Company, 2nd Battalion, 23rd Infantry, during his tour of duty in the Republic of Korea. h. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all “excellent” conduct and efficiency ratings throughout for the period 29 May 1965 through 9 March 1969. His conduct and efficiency is not recorded on this form after 9 March 1969. 3. Other than noted above, his records are void of derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award). 4. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for a Bronze Star Medal with "V" Device pertaining to the applicant. 5. He was honorably released from active duty on 13 November 1970 in the rank/pay grade of specialist four/SP4 His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Purple Heart * Republic of Vietnam Campaign Medal with Device 1960 * Vietnam Service Medal * Armed Forces Expeditionary Medal * Combat Infantryman Badge * Overseas Bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 1. Army Regulation (AR) 672-5-1 (Military Awards), in effect at the time, provided the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active 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. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 2. AR 600-8-22 (Military Awards) provides 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. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards, including Bronze Star Medal. 3. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Attention: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. 4. AR 600-8-22 further states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes five bronze service stars. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the Vietnam Defense, Vietnam Counteroffensive, and Vietnam Counteroffensive Phase II campaigns. 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. The pamphlet shows the 1st Battalion, 28th Infantry was cited for award of the: a. Presidential Unit Citation, for the period 6 to 9 November 1966, by Department of the Army (DAGO) Number 23, dated 1969. b. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by DAGO Number 21, dated 1969. c. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1965 to 7 April 1970, by DAGO Number 53, dated 1970. 6. AR 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show award of the Bronze Star Medal with "V" Device and the Army Commendation Medal with "V" Device. 2. GO awarded him the Army Commendation Medal with "V" Device. This award is not listed on his DD Form 214. 3. He was awarded the Vietnam Service Medal and he also participated in three campaigns during his service in Vietnam. He is authorized to wear three bronze service stars with his previously-awarded Vietnam Service Medal. 4. SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). This badge is not listed on his DD Form 214. 5. He served honorably from 26 May 1965 to 13 November 1970. He served in Vietnam, and attained the rank of SP4. His awards include the Purple Heart and Army Commendation Medal with "V" Device and with the exception of minor infractions, he received "excellent" conduct and efficiency ratings throughout the majority of his service. His record is void of a commander's disqualification or any other derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). 6. His unit in Vietnam was cited for award of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are not listed on his DD Form 214. 7. There are no orders available that show the applicant was recommended for or awarded the Bronze Star Medal with "V" Device. The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for all personal awards. This in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. 8. He served a qualifying period for award of the Korea Defense Service Medal. This award is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019090 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019090 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2