IN THE CASE OF: BOARD DATE: 5 October 2023 DOCKET NUMBER: AR20230003117 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the following awards not currently listed: * Bronze Star Medal (2nd Award) with "V" Device * Army Commendation Medal (2nd Award) * Vietnam Service Medal with three bronze service stars * Combat Medical Badge * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Personnel Records Center (NPRC) letter * 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) (Correction of Military Records: Claims Incident Thereto). 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 earned the awards stated in the NPRC letter, and he would like them added to his DD Form 214. In support of his request, he submits a letter, which indicates NPRC authorized the following awards for shipment to the applicant: * Bronze Star Medal with one bronze oak leaf cluster (i.e. second award) with letter "V" device * Air Medal * Army Commendation Medal with one bronze oak leaf cluster * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Combat Medical Badge * Republic of Vietnam Campaign Ribbon (sic) with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar 3. The applicant’s requested relief for the following awards not currently reflected on his DD Form 214 is supported by sufficient evidence in his available record; as a result, this part of his request will be addressed in the "ADMINISTRATIVE NOTE(S)" section below and not considered by the Board: * Bronze Star Medal with "V" Device * Army Commendation Medal (2nd Award) * Vietnam Service Medal with three bronze service stars * Combat Medical Badge * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 4. A review of the applicant's service record reveals the following: a. On 19 February 1969, the Army of the United States (AUS) inducted the applicant for a 2-year term of active duty service; upon completion of initial entry training and the award of military occupational specialty 91A (Medical Corpsman), orders assigned him to an ambulance section at Fort Rucker, AL; he arrived on 12 August 1969. b. At some point prior to December 1969, the applicant received reassignment instructions for Vietnam; his orders directed him to arrive by 31 December 1969 at the U.S. Army Overseas Replacement Station in Oakland, CA. On 31 December 1969, the U.S. Army Overseas Replacement Station reported the applicant as absent without leave (AWOL); on 6 January 1970, he returned to military control. c. On 7 January 1970, the applicant accepted nonjudicial punishment, under the provisions of Article 15, Uniform Code of Military Justice, for having been AWOL from 31 December 1969 until 6 January 1970 (6 days). On 8 January 1970, the applicant arrived in Vietnam, and orders further assigned him to the 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade; he arrived at his new unit, on 26 January 1970. d. On 25 November 1970, the applicant completed his tour in Vietnam, and orders reassigned him to the U.S. Army Personnel Center at Oakland for separation processing. On 26 November 1970, the Army honorably released him from active duty and transferred him to the U.S. Army Reserve to complete his military service obligation. e. The applicant's DD Form 214 shows he completed 1 year, 9 months, and 2 days of his 2-year AUS obligation, with 6 days of lost time. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) listed the following: * National Defense Service Medal * Army Commendation Medal * Vietnam Service Medal * Air Medal * Bronze Star Medal * Vietnam Campaign Medal f. A review of the applicant's DA Form 20 (Enlisted Qualification Record) shows the following: a. Item 38 (Record of Assignments – Conduct – Efficiency) indicates the applicant received "Excellent" conduct and efficiency ratings for his entire term of active duty service. b. Item 41 (Awards and Decorations) shows the following awards: National Defense Service Medal, Army Commendation Medal (2nd Award), Combat Medical Badge, Bronze Star Medal with "V" Device, Air Medal, one overseas service bar, and the Republic of Vietnam Campaign Medal with Device (1960). In addition, there is a faint pencil entry reflecting a Bronze Star Medal (2nd Award), but, unlike the aforementioned awards, no General Orders or regulatory authority is cited. g. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any General Orders for a second Bronze Star Medal pertaining to the applicant. 5. Army Regulation (AR) 600-8-22 (Military Awards), currently in effect, prescribes policies and procedures for military awards. It states: a. The Bronze Star Medal 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. b. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. If the awards approval authority opts to downgrade a Bronze Star Medal recommendation, the downgrade will be to an Army Commendation Medal. 6. AR 672-5-1 (Awards), in effect at the time, outlined criteria for the award of the Army Good Conduct Medal; the regulation stated: a. 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. b. For the first award only, commanders could award the Army Good Conduct Medal, upon termination of the Soldier's service on or after 27 June 1950, if he or she had served less than 3 years but more than 1 year. Additionally, the Soldier had to have had all “Excellent” conduct and efficiency ratings and no court-martial convictions. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found partial relief is warranted. 2. The Board found insufficient evidence to confirm the applicant received a second award of the Bronze Star Medal. In the absence of additional documentation confirming he received a second award of the Bronze Star Medal, the Board determined it should not be added to his DD Form 214 at this time. 3. The Board found the applicant met the criteria for the Army Good Conduct Medal. The Board determined he should be awarded this medal and it should be added to his DD Form 214. 4. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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: * Awarding him the Army Good Conduct Medal for the period 19 February 1969 through 26 November 1970 * Adding the Army Good Conduct Medal to his DD Form 214 * Making the corrections described in Administrative Note(s) below 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 a second award of the Bronze Star Medal. 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 applicant is authorized awards that were not listed on his DD Form 214. Correct the DD Form 214 as follows: a. Delete the Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal, and the Vietnam Campaign Medal. b. Add – * Bronze Star Medal with "V" Device * Army Commendation Medal (2nd Award) * Vietnam Service Medal with three bronze service stars * Combat Medical Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Civil Actions Honor Medal, First Class * Republic of Vietnam Gallantry Cross with Palm 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 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. AR 600-8-22 (Military Awards), currently in effect, prescribes policies and procedures for military awards. It states the Bronze Star Medal 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 through the chain of command, and announcement in orders are required. If the awards approval authority opts to downgrade a Bronze Star Medal recommendation, the downgrade will be to an Army Commendation Medal. 3. AR 672-5-1 (Awards), in effect at the time, outlined criteria for the award of the Army Good Conduct Medal; the regulation stated: a. 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. b. For the first award only, commanders could award the Army Good Conduct Medal, upon termination of the Soldier's service on or after 27 June 1950, if he or she had served less than 3 years but more than 1 year. Additionally, the Soldier had to have had all “Excellent” conduct and efficiency ratings and no court-martial convictions. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230003117 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1