IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005030 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 foreign service in Vietnam and all the awards he is entitled to. 2. The applicant states he served in Vietnam with the 1st Infantry Division (ID) and the 1st Cavalry Division from November 1969 to November 1970. He was awarded the Combat Infantryman Badge but this badge and his Vietnam service are not listed on his DD Form 214. He reenlisted while in Vietnam which is shown in item 20 (Place of Entry into Current Active Service) of his DD Form 214. 3. The applicant provides his DD Form 214, page 3 of his DA Form 20 (Enlisted Qualification Record), and DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 26 March 1970. 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 enlisted in the Regular Army (RA) on 1 July 1969 and he held military occupational specialties (MOS) 11B (Light Weapons Infantryman) and 36K (Field Wireman). He served in Vietnam while assigned as follows from: * 14 December 1969 to 14 February 1970, Company D,1st Battalion, 28th Infantry Regiment, 1st ID * 15 February to 22 March 1970, Company C, 1st Battalion, 2nd Infantry Regiment, 1st ID 3. On 23 March 1970, he was assigned to Company A, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division, Vietnam. On 25 March 1970, he was honorably discharged for the purpose of immediate reenlistment. He completed 8 months and 13 days of net active service during this period of service and had 15 days of lost time. 4. The DD Form 214 he was issued for this period of service shows he was awarded/authorized the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge 5. On 26 March 1970, while serving in Vietnam he reenlisted in the RA. He continued to serve in Vietnam while assigned as follows from: * 23 March to 2 April 1970, Company A, 1st Battalion, 8th Cavalry * 3 April to 13 November 1970, Headquarters and Headquarters Company (HHC), 8th Engineer Battalion, 1st Cavalry Division 6. His record contains General Orders (GO) Number 19102, dated 5 November 1970, issued by Headquarters (HQ), 1st Cavalry Division, awarding him the Army Commendation Medal. 7. He was honorably released from active duty on 2 November 1973 and he was transferred to the U.S. Army Reserve. He completed 3 years, 1 month, and 12 days of net active service during this period of service and had 179 days of lost time. 8. Item 4 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued on 2 November 1973 contains the entry “NONE.” Item 30 (Remarks) is void of an entry that shows he served in Vietnam. 9. Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 14 December 1969 to 13 November 1970. Item 41 (Awards and Decorations) of this form shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Vietnam Campaign Medal with Device (1960) * two overseas service bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 10. 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. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his records shows that during his service in Vietnam he participated in three campaigns. 11. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 28th Infantry, was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 23 September 1969 through 15 February 1970, by Department of the Army General Order (DAGO) Number 2, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1965 through 7 April 1970, by DAGO Number 53, dated 1970 12. DA Pamphlet 672-3 also shows the 8th Engineer Battalion was cited for award of the Valorous Unit Award for the period 1 May through 29 June 1970, by DAGO Number 43, dated 1972. 13. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It stated for item 30, for service in Vietnam, enter the inclusive dates of service in Vietnam (i.e. 19700425 - 19710424), Indochina-Yes, Korea-No. DISCUSSION AND CONCLUSIONS: 1. The evidence of records confirms the applicant served in Vietnam from 14 December 1969 to 13 November 1970 which is not reflected on his DD Form 214 for the period ending 2 November 1973. He meets the criteria for correction of his DD Form 214 to show this foreign service in Vietnam. 2. GO awarded the applicant the Army Commendation Medal. The evidence of record confirms he participated in three campaigns during his service in Vietnam and was awarded/authorized the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Vietnam Campaign Medal with Device (1960), two overseas service bars, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). He meets the criteria for correction of his DD Form 214 accordingly. 3. His units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Valorous Unit Award during his period of assignment to the unit. He meets the criteria for correction of his DD Form 214 to 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 amending his DD Form 214 for the period ending 2 November 1973 by: * deleting the entry “NONE” in item 24 and adding the: * Army Commendation Medal * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal with 3 bronze service stars * Vietnam Campaign Medal with Device (1960) * two overseas service bars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Valorous Unit Award * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * adding to item 30 the entry ?SERVICE IN VIETNAM FROM 19691214 - 19701113, Indochina-Yes, Korea-No? _______ _ 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) AR20150005030 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005030 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1