IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160019333 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: 22 August 2018 DOCKET NUMBER: AR20160019333 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 19 November 1968 through 24 June 1970; b. deleting from his DD Form 214 the Vietnam Service Medal; and c. adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Commendation Medal * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class 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 adding the Bronze Star Medal (2nd oak leaf cluster). ___________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: 22 August 2018 DOCKET NUMBER: AR20160019333 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 Bronze Star Medal (2nd oak leaf cluster) and the Army Commendation Medal. 2. The applicant states the awards are missing from his DD Form 214. 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 19 November 1968. 3. Evidence further shows he served in the Republic of Vietnam from 2 June 1969 to 24 June 1970. He served with the 1st Administration Company, 1st Infantry Division for the period 12 June 1969 to 11 April 1970, with Company A, 7th Support Battalion, 199th Infantry Brigade from 12 April 1970 to 26 April 1970 and with Headquarters and Headquarters Detachment, 7th Support Battalion, 199th Infantry Brigade for the period 27 April 1970 to 15 June 1970. 4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) 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 being recommended for or awarded the first award of the Army Good Conduct Medal. 5. Item 41 (Awards and Decorations) of his DA Form 20 shows he received the Bronze Star Medal (1st oak leaf cluster). 6. Special Orders Number 6, issued by Headquarters, 3rd Basic Combat Training Brigade, U.S. Army Training Center Infantry, Fort Ord, CA, dated 11 January 1969, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 7. General Orders Number 5105, issued by Headquarters, 1st Infantry Division on 26 March 1970, awarded him the Army Commendation Medal for meritorious achievement for the period 1 November 1969 to 31 December 1969. 8. On 24 June 1970, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal (1st oak leaf cluster) 9. There are no orders in his available record authorizing or awarding him the Bronze Star Medal (2nd oak leaf cluster) during his period of service. 10. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 any orders for the Bronze Star Medal (2nd oak leaf cluster) pertaining to the applicant. 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. There must have been no convictions by a court-martial. 2. U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. 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. 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 four campaigns: * TET 69 Counteroffensive (23 February 1969 – 8 June 1969) * Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) * Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) * DA Sanctuary Counteroffensive (1 May 1970 – 30 June 1970) 4. 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. During the period in which the applicant was assigned to Company A, 7th Support Battalion, 199th Infantry Brigade his unit was cited for award of the: a. Meritorious Unit Commendation for the period 1 January 1969 through 30 June 1970 by Department of the Army General Orders (DAGO) Number 50, dated 1971; b. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by DAGO Number 51, dated 1971; and c. Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 12 December 1966 to 31 August 1970 by DAGO Number 51, dated 1971. DISCUSSION: 1. The evidence of record confirms he served honorably during the period 19 November 1968 through 24 June 1970. 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-14). 3. General orders awarded him the Army Commendation Medal. 4. The record shows the applicant participated in four 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 show his campaign participation. 5. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and a Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation during his period of assignment. 6. With regard to award of the Bronze Star Medal (2nd oak leaf cluster), the governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Bronze Star Medal). The applicant's records are void of official orders announcing the award awarding him the Bronze Star Medal (2nd oak leaf cluster). //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019333 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019333 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2