IN THE CASE OF: BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012809 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150012809 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: a.  awarding him the Army Good Conduct Medal (1st Award) for the period 10 February 1971 through 19 June 1972, b.  amending item 22c of his DD Form 214 to show "USARPAC" 8 months and 7 days, c.  deleting award of the Vietnam Service Medal, d.  adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) e.  adding the entry "VIETNAM SERVICE: FROM 30 JULY 1971 TO 5 APRIL 1972" to item 30 of his DD Form 214. __________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: 1 September 2016 DOCKET NUMBER: AR20150012809 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 foreign service. 2. The applicant states he served in Vietnam from June 1971 until May 1972. 3. The applicant provides a copy of his DD Form 214 and Congressional correspondence. 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 10 February 1971. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 29 (Qualification in Arms) – Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * item 31 (Foreign Service) – Vietnam during the period 30 July 1971 through 5 April 1972 * item 38 (Record of Assignments) – * U.S. Army Medical Command Vietnam from 4 August 1971 through 31 March 1972 * all "excellent" conduct and efficiency ratings throughout his service 4. On 19 June 1972, he was honorably discharged. His DD Form 214 shows in: * item 22c (Foreign and/or Sea Service) – 0  0  0 * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar 5. His records are void of a commander's disqualification that would have prevented him from being recommended for or awarded the Army Good Conduct Medal (1st Award) for his period of honorable service from 10 February 1971 through 19 June 1972. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists Vietnam campaigns and the awards received by units serving in Vietnam. This pamphlet shows Headquarters and Headquarters Company, U.S. Army Medical Command Vietnam, was awarded the Meritorious Unit Commendation by Department of the Army General Orders Number 5, dated 1973, for the period 1 December 1970 to 31 December 1971. This pamphlet also shows participation credit was awarded for the following campaigns corresponding to his dates of service in Vietnam: * Consolidation I – 1 July 1971-30 November 1971 * Consolidation II – 1 December 1971-29 March 1972 * Vietnam Cease-Fire – 30 March 1972-28 January 1973 4. Department of the Army General Orders 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 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 5. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The instructions stated to enter the total period of active duty service performed outside the continental limits of the United States in item 22c and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)." Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in item 30 (Remarks) as follows: "VIETNAM SERVICE: FROM (date) TO (date)." DISCUSSION: 1. He served in United States Army Pacific Command (USARPAC) Vietnam during the period 30 July 1971 through 5 April 1972 and he participated in three campaigns. His DD Form 214 does not show his foreign service of 8 months and 7 days. 2. As a related issue, his DD Form 214 does not show three bronze service stars with his Vietnam Service Medal. 3. His DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). This badge is not listed on his DD Form 214. 4. General orders awarded the unit to which he was assigned in Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation. These unit awards are not listed on his DD Form 214. 5. He served honorably during the period 10 February 1971 through 19 June 1972. He received all "excellent" conduct and efficiency ratings and his records do not contain a commander's disqualification statement. It appears he met the eligibility requirements for award of the Army Good Conduct Medal (1st Award). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012809 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012809 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2