IN THE CASE OF: BOARD DATE: 1 March 2016 DOCKET NUMBER: AR20150006072 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, the daughter of a former service member (FSM), requests correction to the FSM’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Vietnam Service Medal with one silver service star. 2. The applicant states the FSM's DD Form 214 incorrectly shows he was awarded the Vietnam Service Medal with bronze service star. She states the FSM participated in seven campaigns while he was in the Army. 3. The applicant provides: * DD Form 214 * National Personnel Records Center (NPRC) letter, dated 11 November 2010 * Army Board for Correction of Military Records (ABCMR) letter, dated 22 December 2011 * self-authored letter to the Army Review Boards Agency (ARBA), dated 17 August 2015 * ARBA letter dated 6 August 2015 * certificate of birth * marriage license * VA Form 21-9845 (Authorization of Disclose Personal Information to a Third Party) 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 FSM was inducted into the Army of the United States on 17 October 1966. He completed training as a transportation movement specialist. He arrived in Vietnam on 20 September 1967 and he was assigned to the 507th Transportation Group (Movement Control). 3. A review of Army Regulation 600-8-22 (Military Awards) shows he participated in the following four campaigns based on his period of service in Vietnam: * Vietnam Counteroffensive, Phase III (1 June 1967 through 29 January 1968) * Tet Counteroffensive (30 January through 1 April 1968) * Vietnam Counteroffensive, Phase IV (2 April through 30 June 1968) * Vietnam Counteroffensive, Phase V (1 July through 1 November 1968) 4. On 4 September 1968, the FSM departed Vietnam for the United States. He was honorably released from active duty on 23 September 1968 as an overseas returnee. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or Authorized) on his DD Form 214 shows the following awards: * National Defense Service Medal * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar * Overseas Service Bar (Republic of Vietnam) * Vietnam Service Medal with bronze service star * Republic of Vietnam Campaign Medal with Device (1960) 5. There is no evidence the applicant received the first award of the Army Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal. Records do not show indiscipline or lost time. His records do not contain any adverse information. The applicant received “excellent" conduct and efficiency ratings throughout his period of service. 6. By letter from the NPRC dated 11 November 2010, the FSM was notified that he was authorized the Vietnam Service Medal with one silver service star. 7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 8. Army Regulation 600-8-22 (Military Awards) states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. 9. 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; 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- martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the unit to which the FSM was assigned was cited for award of the Meritorious Unit Commendation for the period 1 January 1967 to 30 April 1969 by Department of the Army General Order Number 39, dated 1970. 11. Department of the Army General Orders 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. The applicant's contentions have been noted. Her supporting evidence has been considered. 2. A review of the FSM's military record in conjunction with Army Regulation 600-8-22 shows he participated in four campaigns while he was in Vietnam. As he did not serve in five campaigns, he is not authorized the Vietnam Service Medal with silver service star. (The silver service star represents five campaigns.) According to the applicable regulation, his DD Form 214 should be amended to show he is authorized the Vietnam Service Medal with four bronze service stars for participating in four campaigns during his period of service in Vietnam. 3. For unknown reasons, the NPRC incorrectly notified the FSM that he was authorized a silver service star in lieu of four bronze service stars for wear on his already-awarded Vietnam Service Medal. This Board does not correct military records solely based on the advice or recommendation of the NPRC. It must take into consideration law, policy and governing Army regulations. 4. The applicant's records do not show indiscipline, lost time, or a record of court-martial. He received "excellent" conduct and efficiency ratings throughout his military service. There is no record of a commander's disqualification. There is sufficient evidence to show the applicant was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 17 October 1966 to 23 September 1968. 5. Based on his service in Vietnam, the FSM is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation. His DD Form 214 should be amended to show these awards. 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: a. awarding him the Army Good Conduct Medal (First Award) for honorable service from 17 October 1966 to 23 September 1968 and b. amending his DD Form 214 as follows – * delete the Vietnam Service Medal with bronze service star * add the – * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation 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 amending the FSM’s DD Form 214 to show he is authorized the Vietnam Service Medal with one silver service star. _______ _ _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) AR20150006072 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006072 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1