IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150003227 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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Republic of Vietnam (RVN) Campaign Medal with Device (1960) and to show in item 12 (Last Duty Assignment and Major Command) A Battery, 3rd Battalion, 18th Artillery, U.S. Army Vietnam (USARV) instead of H Battery, 6th Battalion, 14th Artillery, USARV. 2. The applicant states that his DD Form 214 does not show the RVN Campaign Medal with Device (1960) and shows A Battery instead of H Battery. 3. The applicant provides his DD Form 214 and a DA Form 2139 (Pay Voucher). 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 into the Army of the United States on 14 April 1964. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13A (Light Weapons Infantryman). The highest rank he attained while serving on active duty was specialist four (SP4)/pay grade E-4. 3. His DA Form 20 shows in: * item 31 (Foreign Service), he served a tour of duty in the Republic of Vietnam (RVN) beginning on 4 October 1965 * item 38 (Record of Assignments), he was assigned to – * A Battery, 3rd Battalion,18th Artillery, from 23 October 1965 to 24 March 1966 * H Battery, 6th Battalion, 14th Artillery, from 25 March 1966 to 1 April 1966 * item 41 (Awards and Decorations) – * Vietnam Service Medal (VSM) * Army Good Conduct Medal (AGCM) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 4. On 8 April 1966, he was honorably released from active duty after completing 1 year, 11 months, and 25 days of total active service. His DD Form 214 shows he was awarded or authorized the: * VSM * AGCM * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 5. Item 12 of his DD Form 214 shows H Battery, 6th Battalion, 14th Artillery, USARV. 6. 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 VSM 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. It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. b. Appendix B shows that during the applicant’s service in Vietnam, he participated in the following two campaigns: * Vietnam Defense Campaign (8 March 1965 - 24 December 1965) * Vietnam Counteroffensive (25 December 1965 – 30 June 1966) c. Paragraph 9-13 of the awards regulation contains guidance on award of the RVN Campaign Medal with Device (1960). It states, in pertinent part, that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973. d. The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN. This pamphlet shows: a. 3rd Battalion, 18th Artillery was cited for award of the Presidential Unit Commendation (PUC) for the period 23 October 1965 to 26 November 1965, by Department of the Army General Order (DAGO) Number 40, dated 1967. b. Battery A, 3rd Battalion, 18th Artillery was cited for award of RVN Gallantry Cross with Palm Unit citation for the period 23 October 1965 to 23 June 1970, by DAGO Number 55, dated 1971 and the Meritorious Unit Commendation (MUC) for the period 27 November 1965 to 10 November 1967, by DAGO 48, dated 1968. 8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. a. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. It shows for: * item 12, for personnel assigned on orders to a transfer activity prior to separation, enter the losing unit of assignment as shown in the standard name line and the title of the major command or agency having jurisdiction over the losing unit of assignment as shown in the lead line "Maj Comd/Agcy" of the orders reassigning the individual to the transfer activity * item 26, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein DISCUSSION AND CONCLUSIONS: 1. The applicant contends his records should be corrected to show his last unit of assignment was A Battery, 3rd Battalion, 18th Artillery, USARV. 2. The instructions for completing the DD Form 214 state the losing unit of assignment shown on the order reassigning the individual to the transfer activity will be entered in item 12. His DA Form 20 shows his losing unit of assignment was H Battery, 6th Battalion, 14th Artillery, USARV. 3. He served on active duty from 14 April 1964 to 8 April 1966. The NDSM was awarded for honorable service from 1 January 1961 to 14 August 1974. 4. He was awarded the VSM and he participated in two campaigns. His DD Form 214 does not show the VSM with two bronze service stars. 5. He served with Battery A, 3rd Battalion, 18th Artillery during periods for which the unit was awarded the PUC, MUC, and the RVN Gallantry Cross with Palm Unit Citation. These unit awards are not listed on his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 deleting from his DD Form 214 the VSM and adding the: * MUC * PUC * NDSM * VSM with two bronze service stars * RVN Gallantry Cross with Palm Unit Citation * RVN Campaign Medal with Device (1960) 2. The Board further determined that 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 correcting item 12 of his DD Form 214 to show A Battery, 3rd Battalion, 18th Artillery, USARV. _______ _ _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. ABCMR Record of Proceedings (cont) AR20150003227 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003227 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1