BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20150006981 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 correct dates of service in Vietnam, as well as the Vietnam Campaign Medal. 2. The applicant states he served in Vietnam from 11 November 1970 to 10 November 1971, not 13 November 1970 to 10 November 1970 as his DD Form 214 shows. Additionally, the Vietnam Campaign Medal is missing from his DD Form 214. 3. The applicant provides: * DD Form 214 * Letter from the National Personnel Records Center * Printout regarding the Vietnam Campaign Medal * DA Form 20 (Enlisted Qualification Record) 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 30 April 1970 and held military occupational specialty 62B (Engineer Equipment Maintenance Specialist). 3. Special Orders (SO) Number 177, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ on 26 June 1970 awarded him the: * 1st Class Gunner Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 4. He served in Vietnam, U.S. Army Pacific (USARPAC) from on or about 11 November 1970 to 10 November 1971, a period of 1 year. He was assigned to Company B, 169th Engineer Battalion. 5. SO Number 22, issued by Headquarters, 475th Quartermaster Group, Farrell, PA on 21 August 1972, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 6. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 1 March 1972. His DD Form 214 shows he completed 1 year, 10 months, and 1 day of creditable active service with no lost time. His DD Form 214 also shows in: * item 22c (Foreign and/or Sea Service), the entry "0-0-0" and no listing of the major command * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded/authorized the National Defense Service Medal, Vietnam Service Medal, 2 overseas service bars, Army Commendation Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * item 30 (Remarks), (an entry indicating he served in Vietnam from 13 November 1970 to 10 November 1970" 7. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The instructions stated: * item 22c shows the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater or major command * item 26 shows a member's awards and decorations * item 30 was used for mandatory requirements, when a separate block was not available, and as a continuation entry 8. 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. 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 Counteroffensive Phase VII (1 July 1970 - 30 June 1971) and the Consolidation I (1 July - 30 November 1971) campaigns. b. 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. 9. Department of the Army General Orders (GO) 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 * Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 10. 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 shows he received "excellent" conduct and efficiency ratings during his military service. 11. 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 qualified 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. DISCUSSION AND CONCLUSIONS: 1. The applicant's DD Form 214 contains errors with respect to his foreign service: a. He served in Vietnam from on or about or about 11 November 1970 to 10 November 1971. His total foreign service of 1 year and major overseas command (USARPAC) are not listed in item 22c of his DD Form 214. b. Additionally, item 30 incorrectly shows he served in Vietnam from 3 November to 10 November 1970. It should be from 11 November 1970 to 10 November 1971. 2. His DD Form 214 also contains errors relating to awards and decorations: a. His service in Vietnam of 1 year qualifies him for award of the Republic of Vietnam Campaign Medal with Device (1960). b. GO awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment to the unit. This unit award is not listed on his DD Form 214. c. He was awarded the Vietnam Service Medal. He also participated in two campaigns while serving in Vietnam; he is authorized two bronze service stars with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars. d. He was awarded the 1st Class Gunner Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 does not list the grenade or the M-14 rifle bars. e. He served honorably during the period 30 April 1970 through 1 March 1972. He completed 1 year, 8 months, and 1 day of active service; attained the rank of SP4/E-4; served in Vietnam; and received "excellent" conduct and efficiency ratings throughout his military service. 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. BOARD VOTE: ___X_____ __X______ __X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: * deleting from item 22c the entry "0-0-0" and adding the entry "01-00-00 USARPAC" * awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 30 April 1970 through 1 March 1972 * deleting from item 24 the Vietnam Service Medal and adding to item 24: * Army Good Conduct Medal (1st Award) * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal with two bronze service stars * 1st Class Gunner Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * deleting from item 30 the entry referencing Vietnam service from 13 November 1970 to 10 November 1970 and adding the entry Vietnam Service: “From 11 November 1970 to 10 November 1971” _______ _ 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) AR20150006981 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006981 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1