IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20170002785 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: 5 September 2018 DOCKET NUMBER: AR20170002785 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 adding the Bronze Star Medal with "V" Device to his DD Form 214. 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 Army Commendation Medal (2nd Award) to his DD Form 214. ____________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: AR20170002785 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 to 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 the Army Commendation Medal with First Oak Leaf Cluster (2nd Award). 2. The applicant states he received these two awards in the field in Vietnam in November 1970. He believes these awards were erroneously omitted from his discharge document. 3. The applicant provides – * Bronze Star Medal certificate with date of action on 28 June 1970 * unit list of valor award citations * Army Commendation Medal with First Oak Leaf Cluster certificate dated 17 November 1970 with accompanying citation 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 in the Army of the United States on 8 July 1969. 3. His record contains the original copy of his DA Form 20 (Enlisted Record Brief) showing the following information: a. item 31 (Foreign Service) – service in the Republic of Vietnam from 8 December 1969 to 9 November 1970; b. item 38 (Record of Assignments) – he was assigned to Company C, 4th Battalion, 3rd Infantry, 11th Infantry Brigade, Vietnam; c. item 41 (Awards and Decorations) – * Vietnam Service Medal * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Army Commendation Medal by authority of General Order (GO) 11669, issued by Headquarters, Americal Division 4. His records contain General Orders Number 11669 showing he was awarded the Army Commendation Medal (1st Award) for meritorious achievement in connection with military operations against a hostile force for the period from 1 May 1970 to 31 August 1970 in the Republic of Vietnam. His record did not contain a second order awarding him the Army Commendation Medal (2nd Award) or an order for the Bronze Star Medal with "V" Device. 5. On 30 April 1971 he was released from active duty. His DD Form 214 shows: a. item 22a(1) (Statement of Service – Net Service This Period) –1 year, 9 months and 23 days, b. item 22c (Foreign Service) – Republic of Vietnam 11 months and 2 days, c. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Army Commendation Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M16) d. item 30 (Remarks) – Republic of Vietnam from 8 December 1969 to 9 November 1970. 6. During the processing of this case, an inquiry was made to the U.S. Army Human Resources Command. An official conducted a search of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, and found GO 11389 dated 27 August 1970 issued by Headquarters, Americal Division awarding the applicant the Bronze Star Medal with "V" Device for action on 28 June 1970. 7. The applicant provided the following evidence: a. Bronze Star Medal certificate showing he received this award for heroism in ground combat in the Republic of Vietnam on 28 June 1970. The certificate is signed by the commanding general and is dated 8 November 1970. b. a list of Soldiers from Company C, 4th Battalion who received valorous awards in the Republic of Vietnam. The applicant’s name is listed for his valorous actions on 28 June 1970. c. an Army Commendation Medal certificate showing he received the Army Commendation Medal with First Oak Leaf Cluster for meritorious service from December 1969 to November 1970. The certificate is dated 17 November 1970. d. a citation for the Army Commendation Medal with First Oak Leaf Cluster stating how the applicant distinguished himself during the period from December 1969 to November 1970. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Amy policy, criteria, and administrative instructions concerning individual and unit military awards. Awards made by the President, the Secretary of Defense, and the Secretary of the Army are announced in Department of the Army general orders. Awards of decorations and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. Service medals and ribbons are administratively awarded to individuals who meet the qualifying criteria. (During the Vietnam era, awards were announced by general orders provided the commanding general approved the award.) 2. 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. Orders announced the Bronze Star Medal with "V" Device, which was omitted from his DD Form 214. 2. His record contained only one order for the Army Commendation Medal, General Orders Number 11669, which also was recorded on his Enlisted Qualification Record. He provided a certificate signed by a general officer showing he received the Army Commendation Medal with First Oak Leaf Cluster. However, there is no order to support the certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002785 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170002785 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2