IN THE CASE OF: BOARD DATE: 17 August 2020 DOCKET NUMBER: AR20190015699 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Bronze Star Medal (BSM) and the Army Commendation Medal (ARCOM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders number 08056, Headquarters, 23d Infantry Division, dated 17 July 1971 * DA Form 4980-5 (Bronze Star Medal Certificate), dated 17 July 1971 * DA Form 4980-14 (Army Commendation Medal Certificate), dated 29 September 1971 * Army Commendation Medal Citation * DD Form 214 FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code, in section 1552(b); however, the 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, in effect, his DD Form 214 does not list his BSM or ARCOM. He believes his separation document is in error. 3. The Board will not consider the request to add the BSM; this portion of the request will receive an administrative correction. 4. On 25 November 1969, the applicant was inducted into the Regular Army. 5. His DA Form 20 (Enlisted Qualification Record) contains the following entries or information: a. items 31 (Foreign Service) and 38 (Record of Assignments) show he served in Vietnam from 10 November 1970 to 3 November 1971 and he was assigned to Bravo Battery, 3rd Battalion, 82nd Artillery, USARPAC on 4 December 1970 he was assigned to Bravo Battery, 3rd Battalion, 82nd Artillery, though no end date is listed. Additionally, his conduct and efficiency ratings are listed as "Excellent." b. This form also shows he received the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 6. On 22 March 1972, the applicant was discharged honorably from active duty under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). He completed 2 years, 3 months, and 28 days of net service this period. His DD Form 214 shows: * item 12 (Last Duty Assignment and MAJOR Command) – 3rd Battalion, 82nd Artillery, USARPAC * item 22b (Total Active Service) – 2 years, 4 months, and 8 days * item 22c (Foreign and/or Sea Service (USARPAC)) – 0 years, 8 months, and 14 days * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Overseas Bar (1) * item 30 (Remarks) – "VIETNAM 18 Nov 70 to 31 Jul 71…" 7. A review of the applicant's record does not provide published orders or evidence to show he was awarded: * Army Commendation Medal * Army Good Conduct 8. The applicant provides a BSM Certificate for evidence of his award of the BSM, which shows the award was for meritorious achievement in ground operations against hostile forces. He also provides an ARCOM Certificate and Citation which shows the award was for meritorious service in support of military operations against communist aggression in the Republic of Vietnam from 1 November 1970 to 30 September 1971. 9. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that will be furnished to individuals at the time of separation. It states for the preparation and distribution of the DD Form 214, all available records will be used as a basis for the preparation of the DD Form 214WS (worksheet), including the DA Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record) DA Form 66 (Officer Qualification Record), and orders. A thorough comparison will be made between the entries on the DD Form 214WS and the DD Form 214. 10. Army Regulation 672-5-1 (Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. b. 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 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. c. Paragraph 85 (Announcement of awards), states except for identification badges, each award of a badge will be announced in special orders of commanders authorized herein to make the award or in letter orders of the Department of the Army. BOARD DISCUSSION: After reviewing the application and all supporting evidence, in addition to the Administrative Notes (below the signature block), the Board found that full relief was warranted by awarding the applicant the ARCOM based upon the ARCOM certificate provided by the applicant. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the Administrative Notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214, dated 22 March 1972, by awarding him the ARCOM. 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): the below orders and regulatory cites are sufficient to make the following administrative corrections for the applicant's DD Form 214 for the period ending on 22 March 1972 without action by the Board: * General Orders Number 08056, Headquarters, 23d Infantry Division, dated 17 July 1971 * DA Form 4980-5 (Bronze Star Certificate), dated 17 July 1971 * DA Form 20 (Enlisted Qualification Record), dated 20 December 1970 * Army Regulation 672-5-1 (Awards) * Army Regulation 600-8-22 (Military Awards) a. deleting the Vietnam Campaign Medal and the Vietnam Service Medal; b. add to item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the following awards: * Bronze Star Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that will be furnished to individuals at the time of separation and establishes procedures for the preparation and distribution of the applicable documents. It provides instructions for each numbered item on the DD Form 214: a. It states for the preparation and distribution of the DD Form 214, all available records will be used as a basis for the preparation of the DD Form 214WS (worksheet), including the DA Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record) DA Form 66 (Officer Qualification Record), and orders. A thorough comparison will be made between the entries on the DD Form 214WS and the DD Form 214. b. For item 24 (Decorations, Medals, Badges, Commendation Citations and Campaign Ribbons Authorized or Awarded), enter from item 21, DA Form 66 (Officer Qualification Record), or section 9, DA Form 20 (Enlisted Qualification Record), all decorations service medals, campaign credits, and badges awarded or authorized omitting authorities cited therein.. 3. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. It states: a. The BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval. b. 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. c. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. The Vietnam campaigns are listed in appendix B. d. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 4. Army Regulation 672-5-1 (Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. 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 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. c. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. However, 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. d. Paragraph 83 (Awards of badges), states badges may be awarded in the field only by designated commanders. Commanders other than those to whom authority is delegated herein will forward recommendations for such awards through command channels to The Adjutant General, ATTN: AGPB-AC. e. Paragraph 85 (Announcement of awards), states except for identification badges, each award of a badge will be announced in special orders of commanders authorized herein to make the award or in letter orders of the Department of the Army. f. Department of the Army General Orders (DAGO) 8, 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in Vietnam to the following units: (1) Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973. (2) 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) AR20190015699 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1