IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150006786 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 the: * Vietnam Service Medal * Armed Forces Expeditionary Medal * Good Conduct Medal * Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge 2. The applicant states the clerk was in a hurry at the time of his discharge and he has nothing to show that he served in the Republic of Vietnam. 3. The applicant does not provide any additional evidence. 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 on 12 November 1964 and he held military occupational specialty 11B (Light Weapons Infantryman). He also completed the Basic Airborne Course on 23 April 1965. 3. Special Orders (SO) Number 13, issued by Headquarters, 2nd Training Brigade, U.S. Army Training Center, Fort Jackson, SC, on 19 January 1964 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. He served in Vietnam from 6 June 1965 to 6 June 1966. He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 503rd Infantry Regiment. 5. SO Number 157, issued by Headquarters, 173rd Airborne Brigade on 7 June 1966 awarded him the Combat Infantryman Badge. 6. He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 22 August 1967. He completed 2 years, 9 months, and 12 days of active service with no lost time. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Parachutist Badge 7. A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service, except while he was in training at Fort Bragg from August to September 1966, he received a "good" efficiency rating. 8. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 9. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. b. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Defense Campaign (8 March - 24 December 1965) and the Vietnam Counteroffensive (25 December 1965 - 30 June 1966) campaigns. c. The Republic of Vietnam 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. d. The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual. No person will be entitled to both awards for Vietnam service. 10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam from 6 June 1965 to 6 June 1966, his unit, the 2nd Battalion, 503rd Infantry, was awarded the: * Presidential Unit Citation for service on 16 March 1966 by Department of the Army General Orders (DAGO) Number 40, dated 1967 * Meritorious Unit Commendation for service from 5 May 1965 to 4 May 1967 based on DAGO Number 48, dated 1968 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 5 May 1965 to 26 September 1970 based on DAGO Number 51, dated 1971 DISCUSSION AND CONCLUSIONS: 1. SO awarded the applicant the Combat Infantryman Badge and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). Neither badge is listed on his DD Form 214. 2. GO awarded his unit in Vietnam the Presidential Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment to the unit. None of these unit awards are shown on his DD Form 214. 3. He served in Vietnam from June 1965 to June 1966 during two campaigns. He meets the criteria for award of the Vietnam Service Medal with 2 bronze services stars and the Republic of Vietnam Campaign Medal with Device (1960). 4. He served honorably during the period 12 November 1964 through 22 August 1967. He attained the rank of SGT/E-5, served in Vietnam, received combat awards, and received "excellent" conduct and efficiency ratings throughout his military service, except for a "good' efficiency rating while in school at Fort Bragg. Absent any derogatory information on file that would have disqualified him, it appears he meets the criteria for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service. 5. The Armed Forces Expeditionary Medal is awarded for qualifying service in Vietnam from 1 July 1958 and 3 July 1965. However, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal. No person will be entitled to both awards for Vietnam service. The applicant cannot receive both awards for the same period of service. 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 * awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 12 November 1964 through 22 August 1967 * adding to his DD Form 214 the: * Combat Infantryman Badge * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Presidential Unit Citation * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal with 2 bronze services stars * Republic of Vietnam Campaign Medal with Device (1960) 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 award of the Armed Forces Expeditionary 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) AR20150006786 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006786 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1