IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150004364 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 his Vietnam service dates. 2. The applicant states he served in Vietnam for a short time. He would like to qualify for medical benefits. 3. The applicant provides a copy of his DA Form 2139 (Military Pay Voucher) and DD Form 214. 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 the cases 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. 2. The applicant was inducted into the Army of the United States on 5 November 1963 and he held military occupational specialty 95B (military policeman (MP)). 3. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Foreign Service) – he served in Vietnam from 13 August through on or about 30 October 1965, a period of 2 months and 17 days, during one campaign * Item 38 (Record of Assignments) – he: * was assigned to Company C, 504th MP Battalion (BN), U.S. Army Pacific (USARPAC), from 13 August through 27 October 1965 * received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 4. He provided a copy of a DA Form 2139, for the period 1 through 4 November 1965, showing he transferred from Company C, 504th MP BN, Vietnam, on 30 October 1965. 5. He was honorably released from active duty, in the rank/pay grade of specialist four (SP4)/E-4, on 4 November 1965 and was transferred to the U.S. Army Reserve Control Group (Annual Training). He was credited with completing 2 years of net active service. His DD Form 214 lists in: * Item 24c (Foreign and/or Sea Service) – 2 months and 17 days and the entry "USARPAC" * Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the Expert Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.45 Caliber) Bars * Item 32 (Remarks) – no Vietnam service dates 6. Army Regulation 635-5 (Separation Documents), dated 13 August 1963, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated: * Item 24c – would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. "USARPAC" * Item 26 – would list all decorations awarded or authorized during the period covered by the DD Form 214 * Item 32 – will be used to complete entries too long for their respective blocks; there was no provision for listing Vietnam service dates, if applicable 7. Army Regulation 635-5, dated 23 May 1972, stated item 30 (Remarks), for service in Vietnam only, would list Vietnam service dates. 8. 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 service entirely during the period 7 December 1941 through 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-marital. 9. Army Regulation 600-8-22 (Military Award) states: a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. To qualify for award of the Vietnam Service Medal an individual must be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations. b. The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; and between 1 January 1961 and 14 August 1974, both dates inclusive. c. This regulation states a bronze service star is worn on the appropriate service ribbon to include the Vietnam Service Medal for each credited campaign. 10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. This pamphlet shows the 504th MP BN was cited for award of the Meritorious Unit Commendation for the period September 1965 to July 1966 by Department of the Army General Orders (DAGO) Number 30, dated 1968. b. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. The applicant served in Vietnam from 13 August through on or about 30 October 1965. By regulation, in effect at the time of his release from active duty on 4 November 1965, there was no provision for listing in the remarks section of the DD Form 214 any Vietnam service dates. By regulation, dated 23 May 1972, the remarks section of the DD Form 214 would list any Vietnam service dates. It would be appropriate to amend item 32 of his DD Form 214 to show his Vietnam service dates. 2. He completed a qualifying period of service for award of the Vietnam Service Medal with one bronze service star and the National Defense Service Medal. These awards are not listed on his DD Form 214. 3. He completed 2 years of honorable service. He received "excellent" conduct and efficiency ratings throughout his period of service and there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service. He attained the rank/pay grade of SP4/E-4 and served in Vietnam. He meets the criteria for award of the Army Good Conduct Medal (1st Award) for his period of service from 5 November 1964 through 4 November 1965 and its addition to his DD Form 214. 4. GO awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service. His DD Form 214 does not show these unit awards. BOARD VOTE: ____X____ ___X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 5 November 1963 through 4 November 1965 * adding to item 26 of his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one bronze service star * National Defense Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * adding to item 32 of this form the entry, "Vietnam Service Dates: 13 August through 30 October 1965 _______ _ __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) AR20150004364 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004364 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1