IN THE CASE OF: BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150005751 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the Vietnam Service Medal 2. The applicant states the omission is due to an oversight. He is trying to get medical benefits that are associated with his service in Vietnam. 3. The applicant provides his 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 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 18 March 1957 and he held military occupational specialty (MOS) 686.10 (Air Frame Repairer). 3. He was honorably discharged from active duty on 17 December 1959 for the purpose of immediate reenlistment. He completed 2 years and 9 months of active service with no lost time. 4. His DD Form 214 for this period shows in item 26 he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification Badge with Carbine Bar. 5. He reenlisted in the RA on 18 December 1959. He subsequently served in Korea from 31 January 1959 to 23 February 1960 and Germany from 4 May 1960 to 15 April 1964. 6. He also served in the Vietnam from 28 August 1965 to 8 December 1965, a period of 3 months and 10 days. He was assigned to the 540th Transportation Company (Aircraft Maintenance) (General Support (GS)). 7. He was honorably discharged from active duty in the rank/grade of specialist six (SP6)/E-6 on 13 December 1965. He completed 5 years, 11 months, and 26 days of active duty with no lost time and he had 2 years and 9 months of prior active service for a total of 8 years, 8 months, and 26 days. 8. His DD Form 214 for this period shows in: * Item 12: the entry 540th Transportation Company (Aircraft Maintenance) (GS) U.S. Army Vietnam, Army Post Office 96238 * Item 26: the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-1), Marksman Marksmanship Qualification Badge with Carbine Bar, and Good Conduct Medal 9. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service (except "unknown" ratings from 15 May to 1 June 1960). However, his records do not contain orders awarding him the first or the second awards of the Army Good Conduct Medal. 10. Army Regulation 672-5-1 (Decorations and 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 served entirely during the period 7 December 1941 to 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 11. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. The National Defense Service Medal 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. b. The Vietnam Service Medal is awarded 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. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. During his service in Vietnam, campaign participation credit was awarded for the Vietnam Defense Campaign (8 March - 24 December 1965). c. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 12. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with 540th Transportation Company from 28 August 1965 to 8 December 1965 in Vietnam, this unit was awarded the Meritorious Unit Commendation for service from September 1965 to November 1966 by Department of the Army General Orders (DAGO) Number 17, dated 1968. 13. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. He served in Korea from 31 January 1959 to 23 February 1960, a qualifying period of service for award of the Korea Defense Service Medal which is not shown in his records. 2. He served on active duty from 18 March 1957 to 13 December 1965. Part of his service fell during a qualifying period of service for award of the National Defense Service Medal which is not shown in his records. 3. He served in Vietnam, during one campaign, from 28 August to 8 December 1965, a period of completed a total of 3 months and 10 days. He meets the criteria for award of the Vietnam Service Medal with one bronze service star and correction of his records to show it. 4. He served honorably from 18 March 1957 through 13 December 1965, a total of 8 years, 8 months and 26 days but he was only awarded one award of the Army Good Conduct Medal, presumably from 18 March 1957 through 17 March 1960. a. He served in Korea, Germany, and Vietnam; attained the rank/grade of SP6/E-6; served a qualifying period of service; and he received all "excellent" conduct and efficiency ratings throughout his service except for one period of "unknown" ratings which is not disqualifying. b. Additionally, there is no record of any disciplinary actions or a commander's disqualification. He meets the criteria for a second award of the Army Good Conduct Medal for the period 18 March 1960 through 17 March 1963 and correction of his records to show it. 5. GO awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service with this unit. Neither unit award is shown on his DD Form 214. 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 (2nd Award) for the period 18 March 1960 through 17 March 1963 * deleting from his DD Form 214 the Good Conduct Medal and adding to his DD Form 214 the * Army Good Conduct Medal (2nd Award) * Vietnam Service Medal with 1 bronze service star * National Defense Service Medal * Korea Defense Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation _______ _ 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) AR20150005751 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005751 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1