BOARD DATE: 10 March 2016 DOCKET NUMBER: AR20150008921 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 separation date and all authorized awards. 2. The applicant states he was inducted into the U.S. Army and served overseas in the Republic of Vietnam (RVN). He was separated from active duty on 8 June 1969 (instead of 8 June 1968). He also states that he was awarded the Combat Infantryman Badge and Parachutist Badge. 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 2 November 1967. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. The applicant's DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 29 (Qualification in Arms): * Expert, M-14 Rifle, 13 December 1967 * Marksman, M-60 Machinegun, 13 February 1968 * Marksman, M-16 Rifle, 9 February 1968 * item 31 (Foreign Service): Vietnam from 18 May 1968 through 7 June 1969 * item 33 (Appointments and Reductions), he was promoted to specialist four (SP4)/E-4 on 15 December 1968 * item 38 (Record of Assignments): Company B, 1st Battalion, 8th Infantry, 4th Infantry Division (4ID), from 1 August 1968 through 5 June 1969 * item 41 (Awards and Decorations) – * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar * Parachutist Badge * Vietnam Service Medal * Combat Infantryman Badge * RVN Campaign Medal * 2 Overseas Service Bars * Army Commendation Medal 4. Headquarters, The Student Brigade, U.S. Army Infantry School, Fort Benning, GA, Special Orders (SO) Number 86, dated 10 April 1968, in pertinent part, awarded the applicant the Parachutist Badge, effective 12 April 1968. 5. Headquarters (HQ), 4ID (RVN), SO Number 346, dated 11 December 1968, awarded the applicant the Combat Infantryman Badge. 6. General orders (GOs) issued by HQ, 4ID (RVN), pertaining to the applicant, show: * GO Number 1427, dated 29 April 1969, awarded him the Army Commendation Medal or meritorious service in the RVN from May 1968 to June 1969 * GO Number 3147, dated 17 June 1969, awarded him the Air Medal for meritorious service in the RVN from 23 May 1968 to 1 June 1969 7. Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, SO Number 159, dated 8 June 1969, shows the applicant was released from active duty (REFRAD) on 8 June 1969. 8. The applicant's DD Form 214 (as initially prepared) shows he entered active duty this period on 2 November 1967, was honorably REFRAD on 8 June 1968, and transferred to the U.S. Army Reserve Control Group (Annual Training). a. A DD Form 215 (Correction to DD Form 214), issued on 18 August 1969, shows the entry in item 11 (Transfer or Discharge Data), block d (Effective Date) was corrected by deleting the entry (i.e., "8 Jun 68") and adding "8 Jun 69". b. Item 22 (Statement of Service), block a (Creditable for Basic Pay Purposes), line 1 (Net Service This Period) and line 3 (Total), and block b (Total Active Service) show he completed 1 year, 7 months, and 7 days of net, total, and total active service this period, respectively. c. It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar * RVN Campaign Medal * Vietnam Service Medal * 2 Overseas Service Bars 9. A request for review of the Awards and Decorations Computer-Assisted Retrieval System, an index of GOs issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, revealed (in addition to the GOs cited above) copies of two HQ, 4ID (RVN), GOs pertaining to the applicant that show: * GO Number 901, paragraph 1, dated 27 March 1969, awarded him the Army Commendation Medal for meritorious service in the RVN from May 1968 to May 1969 * GO Number 1555, dated 8 May 1969, revoked HQ, 4ID, GO Number 901, paragraph 1, dated 27 March 1969, that awarded him the Army Commendation Medal (for the period May 1968 to May 1969) 10. A review of the applicant's military personnel record failed to reveal any evidence of disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). This review revealed that item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service. In addition, a DA Form 137 (Installation Clearance Record), dated 6 June 1969, shows the applicant's commanding officer rated his conduct and efficiency as "excellent." 11. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 12. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. 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. b. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns: * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet Counteroffensive 1969 (23 February - 8 June 1969) 13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows during the applicant's period of assignment to Company B, 1st Battalion, 8th Infantry, the battalion was cited for award of the: * RVN Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 in Department of the Army GO (DAGO) Number 3 (1970) * RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 in DAGO Number 53 (1970) 14. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. a. It also established standardized policy for preparing and distributing the DD Form 214. b. It states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. It also shows: * item 22 provides detailed instructions for computing creditable service for basic pay. For block a – * line 1, enter the total service completed between the inclusive dates of the current tour of duty * line 2, enter all prior service excluding any service show in item 22, block a, line 1 * line 3, enter the total service by adding lines 1 and 2 * item 22, block b, enter the total active service completed beginning with the earliest period of active service up to and including the current period of active duty, less any period served in the Army National Guard or U.S. Army Reserve not on active duty, and less time lost * item 24, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was inducted into the Army on 2 November 1967 and he was REFRAD on 8 June 1969 (vice 8 June 1968). a. On 18 August 1969, item 11d of his DD Form 214 was corrected to show the correct separation date. b. A calculation to determine/confirm the net/total active duty service during this period shows the following: 1969 06 08 date released from active duty - 1967 11 02 date inducted = 01 07 06 + 1 day inclusive = 01 07 07 net/total active duty service c. The above calculation confirms the entries in item 22 of the DD Form 214 concerning the applicant's net/total active service during this period. d. In view of the foregoing, there is no basis for correcting either item 11 or item 22 of the applicant's DD Form 214. 2. The evidence of record shows: * GOs awarded the applicant the – * Army Commendation Medal or meritorious service from May 1968 to June 1969 * Army Commendation Medal or meritorious service from May 1968 to May 1969 (however, GO revoked the award) * Air Medal * the applicant qualified for award of the VSM, he participated in four campaigns during his service in Vietnam, and he is authorized four bronze service stars for wear on his already-awarded VSM * DAGOs awarded the applicant's unit the – * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * SOs awarded the applicant the – * Combat Infantryman Badge * Parachutist Badge * Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar * he qualified Marksman with M-60 Machinegun on 13 February 1968 3. The applicant served a period of continuous, honorable active duty enlisted service from 2 November 1967 through 8 June 1969. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was promoted to SP4 (E-4) and he received all "excellent" conduct and efficiency ratings during his service. c. He was awarded the Army Commendation Medal and the Air Medal for meritorious service in the RVN. d. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award). 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. awarding him the Army Good Conduct Medal (1st Award) for the period 2 November 1967 through 8 June 1969 (Standard Name Line: SP4, Company B, 1st Battalion, 8th Infantry, 4th Infantry Division, U.S. Army Vietnam); b. deleting from his DD Form 214 the Vietnam Service Medal; and b. adding to his DD Form 214 – * Air Medal * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 4 Bronze Service Stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Parachutist Badge * Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machinegun (M-60) Bars 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 effective date of separation from active duty. _______ _ 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) AR20150008921 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008921 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1