IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150010255 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150010255 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 adding to his DD Form 214 for the period ending 25 July 1969 the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Overseas Service Ribbon, and the Army Service Ribbon. 2. The Board further determined 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 Vietnam Service Medal with one bronze service star and the Republic of Vietnam Campaign Medal with Device (1960). _____________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. IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150010255 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 25 July 1969, to show award of the Vietnam Service Medal (VSM) with one bronze service star, the Vietnam Campaign Medal with Device (1960) (VCM), and the Overseas Service Ribbon (OSR). 2. The applicant states the only medals listed on his DD Form 214 are the National Defense Service Medal (NDSM) and the Army Good Conduct Medal (AGCM). A certified copy of his DA Form 2-1 (Personnel Qualification Record) shows that he should have the awards and decorations he requests. He further states a first sergeant in the Army National Guard (ARNG) told him his DD Form 214 does not list any of his medals for service in the Republic of Vietnam. 3. The applicant provides a copy of his DD Form 214 and DA Form 2-1. 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 26 July 1965. 3. His DA Form 20 (Enlisted Qualification Report) was reviewed on 25 July 1969 and the applicant authenticated the information with his signature. a. Item 31 (Foreign Service) shows he served in Panama for the period 5 August 1966 to 30 January 1968. b. Item 38 (Record of Assignments) does not show he served in the Republic of Vietnam at any time throughout his service. c. Item (41) Awards and Decorations) Special Orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 4. The Army honorably released him from active duty on 25 July 1969. His DD Form 214 shows he completed 2 years, 5 months, and 25 days foreign and/or overseas service. The NDSM and the AGCM are the only awards listed on this form. 5. He provides a certified true copy of his DA Form 2-1. The last review of this document occurred on 14 June 1990. This form indicates he served in the Pennsylvania ARNG from on or around 12 December 1987 until his expiration term of service on 26 July 1990. Additionally, item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 lists the NDSM, AGCM, VSM with one bronze service star, VCM, OSR, Parachutist Badge, and the Army Service Ribbon (ASR). REFERENCES: Army Regulation 600-8-22 (Military Awards) states: a. The 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign. b. The VCM 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. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. c. The OSR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, ARNG, and Army Reserve in an active status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an active status on or after 1 August 1981. d. The ASR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, ARNG, and Army Reserve in an active status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an active status on or after 1 August 1981. DISCUSSION: 1. Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 2. The applicant’s qualifying period of service in Panama is not in question. However, there is no evidence that he ever served in the Republic of Vietnam or that his service was in direct support of operations in Vietnam. 3. Direct support occurs when the services supplied to participating forces in the area of eligibility involve actually entering the designated area of eligibility. Regretfully, there is insufficient evidence to show that the applicant entered the designated area of eligibility qualifying for award of the VSM or the VCM. 4. However, the applicant’s subsequent service in the ARNG after 1 August 1981 allows for the retroactive award of the OSR and the ASR. Therefore, it would be appropriate to amend his DD Form 214 to show these ribbons. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010255 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010255 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2