IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20160019351 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: 5 September 2018 DOCKET NUMBER: AR20160019351 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 his period of service from 31 August 1966 to 29 August 1969 in the rank of specialist five, b. deleting the Army Commendation Medal and Bronze Star Medal from item 24 of his DD Form 214, and adding the following awards: * Bronze Star Medal with "V" Device (2nd Award) * Army Commendation Medal (2nd Award) * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation c. issuing him a Bronze Star Medal, a Bronze Star Medal with "V" Device and Army Commendation Medal certificates as defined in the general orders outlined in this Record of Proceedings. ____________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: 5 September 2018 DOCKET NUMBER: AR20160019351 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 the Bronze Star Medal with "V" Device and a Bronze Star Medal for his meritorious service. He also requests the issuance of new certificates for his awards. 2. The applicant states: a. he served with Company B, 326th Medical Battalion at Ta Cu Chi and then at Phu Bai. The Tet Offensive Campaign started and he worked with the U.S. Navy medics at the airbase hospital. He then left with his unit to build their own aid station that became Landing Zone Sally. After the Tet Campaign he transferred to Company A, 2nd Battalion, 501st Infantry, 101st Airborne Division serving as a medic in the bush; they never received awards in the field. b. when he departed the Republic of Vietnam and reported to Fort Bragg, NC, he did not attend the award ceremonies for Soldiers returning from combat. When he separated from the Army he did not tell the clerk who was out-processing him that, in effect, he had two Bronze Star Medals; the first for valorous actions and the second for meritorious service. He sent for his medals recently and the National Personnel Records Center letter shows he should have two Bronze Star Medals. In addition he would like to get his Bronze Star Medal certificates and any other certificates to which he is entitled. 3. The applicant provides his DD Form 214 and a letter, dated 1 June 2016, from the National Personnel Records Center. 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 on 31 August 1966 for a 3-year period. He was trained as a medical specialist and awarded military occupational specialty 91B. 3. A review of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the following pertinent entries: * item 31 (Foreign Service) – service in the Republic of Vietnam from 16 December 1967 to 15 December 1968 * item 38 (Record of Assignments) shows he was assigned as follows while in the Republic of Vietnam – * Company B, 326th Medical Battalion, 101st Airborne Division from 18 December 1967 to 31 July 1968 * Headquarters and Headquarters Company (HHC), 2nd Battalion, 501st Infantry from 1 August 1968 to 9 December 1968 * item 38 shows he received all "excellent" conduct and efficiency ratings (There is no derogatory information, record of courts-martial or a commander's disqualification statement in his record pertaining to the Army Good Conduct Medal) 4. The following orders are filed in his official military personnel record. a. General Orders (GO) 5329, dated 4 September 1968, issued by Headquarters (HQ), 101st Airborne Division awarded him the Army Commendation Medal for meritorious achievement during the period from 1 March 1968 to 31 July 1968. His unit of assignment was HHC, 2nd Battalion, 501st Infantry. b. GO 6240, dated 13 September 1968, issued by HQ, 101st Airborne Division awarded him the Army Commendation Medal for meritorious achievement during the period from 16 December 1967 to 30 June 1968. His unit of assignment was 326th Medical Company. c. GO 7965, dated 22 October 1968, issued by HQ, 101st Airborne Division, awarded him the Bronze Star Medal for meritorious service during the period from 1 January 1968 to 31 August 1968. His unit of assignment was HHC, 2nd Battalion, 501st Infantry. d. GO 637, dated 20 January 1969, issued by HQ, 101st Airborne Division awarded him the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) for his valorous actions on 23 October 1968 near Da Nang, Vietnam. He administered aid to wounded Soldiers while under direct enemy fire without regard for his own personal safety. Through his heroic actions he saved the lives of several Soldiers. 5. On 29 August 1969, he was released from active duty in the rank and grade of specialist five (SP5)/pay grade E5. He was issued a DD Form 214 showing: * item 22a(1) (Statement of Service – Net Service This Period) – 2 years, 11 months and 29 days * item 22c (Foreign Service) – 1 year in U.S. Army Pacific * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) * Bronze Star Medal * Army Commendation Medal * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Parachute Badge * Combat Medical Badge (1st Award) 6. The applicant provided a letter from the National Personnel Records Center. the letter states they were authorized to ship him awards based on his personnel records. In pertinent part, he was shipped the: * Bronze Star Medal with one oak leaf cluster and "V" device * Army Commendation Medal * Vietnam Service Medal with four bronze service stars REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medical 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. 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. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during the applicant's service in Vietnam, he participated in the following five campaigns: * Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) * Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968) * Vietnamese Counteroffensive Phase V (1 July - 1 November 1968) * Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 2. 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. 3. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period the applicant's assignments’ to Company B, 326th Medical Battalion and HHC, 2nd Battalion, 501st Infantry, these units were cited for the following unit awards: * Meritorious Unit Commendation by DAGO 39, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 21, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971 4. Army Regulation 600-8-22 (Military Awards) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. 5. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states for item 24 to enter all awards for all periods of service. Check the Soldier's records for validity of awards. DISCUSSION: 1. The applicant was awarded the Bronze Star Medal (1st Award) and this award is reflected on his DD Form 214. However, his record shows he was also awarded the Bronze Star Medal with "V" Device (2nd Award), which is not annotated on his DD Form 214. 2. The applicant's records contain orders awarding him the Army Commendation Medal (2nd Award). This award was not annotated on his DD Form 214. 3. The evidence revealed the applicant participated in five campaigns during his service in the Republic of Vietnam. He was awarded the Vietnam Service Medal; however, this medal, while listed on his DD Form 214, does not include one silver service star to denote his participation in five campaigns. 4. Orders awarded the applicant's assigned units in Vietnam the following unit awards during the period of his assignment, which are not annotated on his DD Form 214: * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 5. The criteria for the award of the first Army Good Conduct Medal includes the applicant's honorable service from 31 August 1966 to 29 August 1969, attaining the rank of SP5, and serving a qualifying period wherein he received "excellent" conduct and efficiency ratings. A review of his record shows no derogatory information or a commander's disqualification statement pertaining to the Army Good Conduct Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019351 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019351 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2