ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 17 October 2019 DOCKET NUMBER: AR20190011179 APPLICANT REQUESTS: a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) with awards earned but not received as follows: * Valorous Unit Citation, 17 January 1966-25 March 1968, Department of the Army General Order (DAGO) Number 1, 1969 (amended DAGO 17, 1968) * Republic of Vietnam Gallantry Cross with Palm Citation, 9 December 1966- 18 January 1967, DAGO 21, 1969 * Bronze service star added to the Vietnam Service Medal (VSM) for Vietnam Counter Offensive Phase II for the period from 1 July 1966 to 31 May 1967 * Bronze service star added to VSM for Vietnam Counter Offensive Phase III for the period from 1 July 1967 to 29 January 1968 * Army Good Conduct Medal (AGCM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 20 (Enlisted Qualification Record) page 3 * DD Form 214 FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) 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 served in A Troop, 2nd Squadron, 17th Cavalry, 1st Brigade, 101st Airborne Division. He completed a three year enlistment without any non-judicial punishment, disciplinary infractions or court martial offenses. 3. The applicant voluntarily enlisted in the Regular Army on 20 January 1966. After advanced individual training he was assigned to A Troop, 2nd Squadron, 17th Cavalry Regiment, 1st Brigade, 101st Airborne Division from 15 December 1966 to 14 December 1967 in Vietnam. 4. The applicant’s records are void of any orders awarding him an AGCM. Additionally there is no entry on his DA Form 20 (Enlisted Qualification Record) in item 41 (Awards and Decorations) reflecting an AGCM. 5. The evidence of record confirms he served honorably during the period 20 January 1966 to 17 January 1969. His DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. His record shows no evidence indicating he would have been precluded from being awarded the AGCM (1st Award). 6. The applicant’s record contains no mention of a Valorous Unit Citation or Vietnam campaign citations. 7. The applicant was honorably discharged and transferred to the United States Army Reserve on 17 January 1969. His DD Form 214 reflects the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Combat Infantryman Badge BOARD DISCUSSION: The Board determined the evidence presented is sufficient to warrant 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 for his honorably service from 20 January 1966 to 17 January 1969 and providing him the medal. b. Executing the corrections described in Administrative Note(s) below and provide him the medal issued by the U. S. Army. ? 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: a. Awarding him the Army Good Conduct Medal for his honorably service from 20 January 1966 to 17 January 1969 and provide him the medal. b. Executing the corrections described in Administrative Note(s) below and provide him the medal issued by the U. S. Army. 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): 1. After a review of the applicant’s Vietnam tour dates he should be authorized two bronze service stars to be affixed to his previously awarded Vietnam Service Medal for the following two campaigns per Army Regulation 600-8-22: * Vietnam Counter Offensive Phase II, 1 July 1966-31 May 1967 * Vietnam Counter Offensive Phase III, 1 July 1967-29 January 1968 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the following citations authorized for the applicant’s unit of assignment in the Republic of Vietnam during his period of service: * Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 21, dated 1969. * Valorous Unit Citation by DAGO Number 1, dated 1969 (amended DAGO 17, dated 1968) 4. Amend his DD Form 214 as follows: * Delete the Vietnam Service Medal and replace it with the Vietnam Service Medal with two bronze service stars * Add Republic of Vietnam Gallantry Cross with Palm Unit Citation * Add Valorous Unit Citation REFERENCES: 1. Title 10, USC, 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. 2. 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. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. 3. 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190011179 3 1