IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160019168 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: 19 September 2018 DOCKET NUMBER: AR20160019168 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 amending his DD Form 214, ending 22 July 1977 as follows: a. deleting the Vietnam Service Medal; and b. adding the following awards: * Soldier's 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: 19 September 2018 DOCKET NUMBER: AR20160019168 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 (Report of Separation from Active Duty) for the period ending 22 July 1977 to show award of the Soldier's Medal. 2. He states that he was awarded the Soldier's Medal on 4 October 1977. 3. He provides: * DD Form 214 * Soldier's Medal citation and certificate * Correspondence related to the presentation of the Soldier's Medal 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 enlisted in the Regular Army (RA) on 3 September 1965 and he served on active duty as a fire fighter. 3. His DA Form 20 (Enlisted Qualification Record) shows: * he completed foreign service in the Republic of Vietnam (RVN) from 29 April 1967 to 22 April 1968 * he was assigned to the 225th Aviation Company from 29 April 1967 to 19 April 1968 * he was not favorably considered for the Army Good Conduct Medal on 23 July 1968 4. He was honorably released from active duty on 30 August 1968 and transferred to the U.S. Army Reserve (USAR). His DD Form 214 shows he completed 2 years, 11 months, and 27 days of net active service and he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device 1960 * Overseas Bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 5. Item 38 (Record of Assignments) of his DA Form 20 (Personnel Qualification Record) shows the applicant served in the USAR for the period 30 August 1968 to 14 April 1970. 6. He reenlisted in the RA on 15 April 1970 and he was discharged for the purpose of immediate reenlistment on 13 October 1970. His DD Form 214 covering this period did not list any awards. 7. On 14 October 1970, he reenlisted in the RA. He served in the RVN from 31 December 1970 to 10 December 1971, and was assigned to the 131st Aviation Company (Air Surveillance) from 11 January to 9 December 1971. 8. Item 9 (Awards, Decorations, & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) shows he was awarded: * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device 1960 * Overseas Service Bar (4) * Army Good Conduct Medal (2nd Award) * Expert Marksmanship Qualification Badge with rifle bar (M-16) 9. On 23 July 1974, he was discharged for the purpose of immediate reenlistment. His DD Form 214 shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device 1960 * Overseas Service Bar (4) * Army Good Conduct Medal * Service Stripes (1) 10. On 24 July 1974, he reenlisted in the RA. 11. The applicant provides his Soldier's Medal certificate and citation awarded for heroism on 8 March 1977. The award citation reads, in part: "[The applicant], without hesitation and with complete disregard for his own life and safety, when notified by highly excited neighbors and the mother that the child was trapped in the building, entered this burning building without waiting for assistance. [The applicant] worked his way upstairs through immense heat and smoke to effect the rescue of the unconscious boy. [The applicant's] performance was beyond what can reasonably be expected of a fire fighter in that he unhesitatingly, without regard to his own life, entered the building and effected the rescue. 12. He was honorably discharged on 22 July 1977. His DD Form 214 for this period shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device 1960 * Overseas Service Bars (4) * Army Good Conduct Medal (30 April 1973) * Army Good Conduct Medal (2nd Award)(30 April 1976) 13. On 28 September 1977, the Chief, Military Awards Branch, informed the applicant of the approval for award of the Soldier's Medal. 14. Department of the Army General Orders (DAGO) Number 4, dated 1 June 1978, awarded the applicant the Soldier's Medal. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal 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 II (1 July 1966 to 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) 2. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows that while assigned to the 225th Aviation Company was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 3 May 1967 through 17 May 1968, by Department of the Army General Orders (DAGO) Number 32, dated 1973 (amended by DAGO 21, dated 1969). DISCUSSION: 1. The applicant was awarded the Soldier's Medal for an act of heroism that occurred on 8 March 1977 and this award is not listed on his DD Form 214, ending 22 July 1977. 2. His unit in Vietnam was cited for award the RVN Gallantry Cross with Palm Unit Citation. This unit award is not recorded on his DD Form 214. 3. His participation in four campaigns authorizes him four bronze service stars for wear on his previously-awarded Vietnam Service Medal, which are 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) AR20160019168 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019168 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2