BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150006137 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 authorized awards. 2. The applicant states he was inducted into the U.S. Army and served overseas in the Republic of Vietnam (RVN). He requests a review of his military service record because he believes he is entitled to the National Defense Service Medal (NDSM), the RVN Campaign Medal, and other awards. He adds that he has two sons who are also veterans (U.S. Marine Corps and U.S. Air Force) and this has encouraged him to correct his DD Form 214 to show all of his awards. 3. The applicant provides a copy of 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 was inducted into the U.S. Army on 29 November 1963. Upon completion of training he was awarded military occupational specialty 36A (Filed Communications Crewman). 3. Headquarters, 2nd Training Regiment, Fort Dix, NJ, Special Orders Number 16, dated 24 January 1964, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar. 4. Headquarters, Fort Devens, MA, Special Orders Number 185, dated 14 September 1964, awarded the applicant the Expert Marksmanship Qualification Badge with Carbine (M-2) Bar. 5. Headquarters, 2nd Brigade, 5th Infantry Division (Mechanized), Fort Devens, MA, Special Orders Number 66, dated 13 September 1965, appointed the applicant to the temporary rank of specialist four (SP4)/E-4. 6. Headquarters, 1st Infantry Division, Special Orders Number 284, dated 21 November 1965, reassigned the applicant from Company B, 2nd Battalion, 2nd Infantry to the 90th Replacement Battalion, Camp Alpha, Tan Son Nhut Air Force Base, on 22 November 1965, for assignment to the U.S. Army Transfer Station, Oakland, CA. 7. His DA Form 24 (Service Record), covering the period 29 November 1963 to 25 November 1965, only contains (two) entries in Section 1 (Appointments, Promotions, or Reductions) that show he was appointed/promoted to the grade of rank of – * SP4 E-4 (Temporary) on 13 September 1965 * SP4 E-4 (Permanent) on 25 November 1965 8. The applicant's DD Form 214 shows he was honorably released from active duty on 25 November 1965 as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training). He had completed 1 year, 11 months, and 27 days of total active service this period that included 2 months of foreign service. It also shows in: * item 12 (Last Duty Assignment and Major Command): Company B, 2nd Battalion, 2nd Infantry, 1st Division, U.S. Army Vietnam (USARV) * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Vietnam Service Medal * Army Good Conduct Medal * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar * item 27 (Wounds Received as a Result of Action with Enemy Forces): None * item 30 (Remarks), no entry pertaining to service in the RVN 9. A request for review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to return any award orders pertaining to the applicant. 10. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The National Defense Service Medal (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. b. The Vietnam Service Medal (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. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. c. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the Vietnam Defense Campaign (8 March - 24 December 1965). d. The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Also eligible for this award are individuals who qualified for award of the VSM and served for less than 6 months of service, but – * were wounded as a result of hostile action * were captured by hostile forces, but later escaped or were rescued or released * were killed in action or otherwise in line of duty 11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. It shows that during the applicant's period of assignment to Company B, 2nd Battalion, 2nd Infantry, the regiment was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 in Department of the Army General Orders (DAGO) Number 53 (1970). b. It also shows that DAGO Number 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, USARV and its subordinate units during the period 20 July 1965 to 28 March 1973. 12. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation. a. The instructions for item 24 show, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein. b. During the Vietnam-era, a regulatory provision was introduced pertaining to the remarks section of the DD Form 214 that provided for entering inclusive dates of service in Vietnam during the current period of service. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was credited with 2 months of foreign service in the RVN (USARV). a. The date that he departed the continental United States (CONUS) for the RVN is not available. b. The evidence of record shows he was assigned to Company B, 2nd Battalion, 2nd Infantry, 1st Infantry Division, USARV, and it was his last duty assignment prior to being transferred to CONUS for separation processing on 22 November 1965. c. A calculation to attempt to determine the actual period of the applicant's foreign service shows the following: 1965 11 23 date returned to CONUS (departed RVN on 22 Nov 65) - 00 02 00 total foreign service (2 months) = 1965 09 23 date departed CONUS enroute to RVN 1965 11 22 date departed RVN - 1965 09 23 date departed CONUS = 01 29 + 1 day inclusive = 02 00 total foreign service (2 months) d. The above calculation supports a period of overseas service from 23 September 1965 to 22 November 1965. 2. The criteria for award of the RVN Campaign Medal include assignment in Vietnam for 6 months or more. The evidence of record shows the applicant served 2 months in the RVN when he returned to CONUS for separation. The evidence of record fails to show he met the qualifying criteria for award of the RVN Campaign Medal. 3. The evidence of record shows: a. The applicant's honorable active service during the period 29 November 1963 through 25 November 1965 qualifies him for the NDSM. b. The applicant qualified for award of the VSM, he participated in one campaign during his service in Vietnam, and he is authorized one bronze service star for wear on his already-awarded VSM. c. General orders awarded the applicant's unit the: * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation d. The applicant was awarded the Expert Marksmanship Qualification Badge with Carbine (M-2) Bar. 4. In view of the foregoing, it would be appropriate to correct his DD Form 214, as recommended below. 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. deleting from item 24 of his DD Form 214 the "Vietnam Service Medal"; and b. adding the following awards to item 24 of his DD Form 214 – * National Defense Service Medal * Vietnam Service Medal with 1 bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Carbine (M-2) Bar c. adding to item 30 of his DD Form 214 the entry "Vietnam Service: 23 September 1965 to 22 November 1965." 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 the Republic of Vietnam Campaign Medal. _______ _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) AR20150006137 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006137 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1