ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 August 2019 DOCKET NUMBER: AR20180003387 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the Bronze Star Medal (BSM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders (GO) Number 1371, dated 21 February 1972, BSM * National Personnel Records Center (NPRC) letter FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was awarded the BSM almost 46 years ago on 21 February 1972 for meritorious service in Vietnam. His record erroneously omits the BSM which prevents him from receiving his BSM and award certificate for his records and to proudly pass onto his children. 3. The applicant provides: * GO Number 1371, dated 21 February 1972, awarding him the BSM * NPRC letter, dated 29 January 2016, indicates that no record was found authorizing him the BSM 4. A review of the applicant’s service record shows: a. He was inducted in the Army of the United States on 22 July 1970. b. He completed basic combat and advanced individual training and was awarded primary military occupational specialty 11B (Light Weapons Infantryman) in December 1970. c. He served in Vietnam from 29 August 1971 to 14 July 1972, through 3 campaigns (Consolidation I, 1 July - 30 November 1971; Consolidation II, 1 December 1971 – 29 March 1972; and Vietnam Ceasefire, 30 March 1972 - 28 January 1973). He was assigned to * D Company, 1st Battalion, 327th Infantry from 11 September 1971 to 7 January 1972 * A Company, 2nd Battalion, 501st Infantry, from 8 January 1972 to 16 February 1972 d. On 16 February 1972, he was honorably released from active duty. He completed 1 year, 6 months and 25 days of active service. His DD Form 214 shows he was awarded or authorized): * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge (M-16) * Vietnam Service Medal (VSM) * Combat Infantry Badge 5. The applicant meets the criteria for award of the Army Good Conduct Medal (1st Award). By regulation AR 672-5-1, the Army Good Conduct Medal could be awarded, 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. A Soldier's conduct and efficiency ratings must have all been recorded as “excellent” or higher, except that ratings of “Unknown” for portions of the period were not disqualifying. There must have been no convictions by court-martial. * he completed 1 year, 6 months and 25 days of continuous active service * he received excellent conduct and efficiency ratings * there is no record of court-martial conviction in his service record BOARD DISCUSSION: After review of the application and all evidence, the Board found the relief is warranted. The applicant’s contentions were carefully considered. He provided permanent orders showing he was awarded the Bronze Star Medal; however, it was not listed on his DD Form 214. The Board also agreed to grant the Army Good Conduct Medal. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 the following: a. awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 22 July 1970 through 16 February 1972; b. amending his DD Form 214 for the period ending 16 February 1972 by deleting the Vietnam Service Medal; and adding the following: * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 3 bronze service stars * Vietnam Campaign Medal (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s service records shows he is eligible for awards not annotated on his DD Form 214. As a result, amend his DD Form 214 to show: * delete VSM * add Vietnam Service Medal with 3 bronze service stars * add Bronze Star Medal (GO Number 1371, dated 21 February 1972) * add Vietnam Campaign Medal (1960) * add Republic of Vietnam Gallantry Cross with Palm Unit Citation (DAGO Number 6 dated 1974 REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 672-5-1 (Awards), in effect at the time, prescribes policies and procedures for military awards and decorations. a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity. There was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. The enlisted person must have had all “excellent” conduct and efficiency ratings. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. Any one of the following periods of continuous enlisted active Federal military service qualifies for the award: * each 3 years completed on or after 26 August 1940 * for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946 * for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year * for first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty * for first award only, for those individuals who were killed in action or died before completing 1 year of active Federal military service b. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. Service stars are worn on campaign and service medals to denote participation in a named campaign and on the service ribbons to denote an additional award d. The Vietnam Campaign Medal is awarded to all members of the Armed Forces of the United States for qualifying service in the Republic of Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in the Republic of Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to the Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973; and Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180003387 4 1