IN THE CASE OF: BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20150012964 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: 13 September 2016 DOCKET NUMBER: AR20150012964 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. deleting from item 24 of his DD Form 214 the Vietnam Service Medal and the Meritorious Unit Citation; a. adding to item 24 of his DD Form 214 the: * Vietnam Service Medal with one silver service star and two bronze service stars * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Meritorious Unit Commendation (4th Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) b. adding to item 30 of his DD Form 214 the entry "Vietnam: 21 July 1967 to 28 July 1968." _____________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: 13 September 2016 DOCKET NUMBER: AR20150012964 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) to show he served two tours in the Republic of Vietnam (RVN). 2. He states his DD Form 214 is missing his first tour in the RVN from 21 July 1967 to 28 July 1968. 3. He provides his DD Form 214, DA Form 20 (Enlisted Qualification Record), and a Veteran Services letter, dated 27 July 2015. 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 29 August 1966. 3. His DA Form 20 shows in: a. Item 31 (Foreign Service) he served three tours in USARPAC (U.S. Army Pacific) as follows: * Vietnam - 21 July 1967 to 28 July 1968 (1 year and 8 days) * Japan - 29 July 1968 to 2 March 1969 (7 months and 3 days) * Vietnam - 5 March 1969 to 6 April 1970 (1 year, 1 month, and 2 days) b. Item 38 (Record of Assignments) shows during his tenure in the RVN he was assigned to the: * 372d Radio Research Company from 25 July 1967 to 20 July 1968 and 16 March 1969 to 22 March 1969 * Headquarters and Headquarters Company, 303d Radio Research Battalion from 23 March 1969 to 13 August 1969 * 337th Radio Research Company from 14 August 1969 to 3 April 1970 c. Item 41 (Awards and Decorations) Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 4. He was honorably released from active duty on 7 April 1970. His DD Form 214 shows he completed 3 years, 7 months, and 9 days of active duty service. This form also shows in: * Item 22c (Foreign and/or Sea Service) – USARPAC, 2 years, 8 months, and 12 days * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * Army Commendation Medal (1st Oak Leaf Cluster) * Army Good Conduct Medal * Meritorious Unit Citation (correctly known as the Meritorious Unit Commendation) * Item 30 (Remarks) – RVN 5 March 1969 - 6 April 1970 REFERENCES: 1. Army Regulation 635-5 (Separation Documents) in effect at the time established standardized policy for preparing and distributing the DD Form 214. Section III instructed the preparer, in pertinent part, to enter inclusive dates of service for Vietnam, example: "Vietnam - 25 April 1970 to 28 May 1971." 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows: a. 372d Radio Research Company was cited for award of the: (1) Meritorious Unit Commendation for the period 1 June 1966 through 31 July 1967 by Department of the Army General (DAGO) Order Number 17, dated 1968 and for the period 1 August 1967 through 31 July 1968 by DAGO Order Number 28, dated 1969. (2) RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 6 March 1971 by DAGO Number 6, dated 1974. (3) RVN Gallantry Cross with Palm Unit Citation for the period 27 November 1966 through 31 August 1968 by DAGO Number 48, dated 1971. b. 337th Radio Research Company was cited for award of the: (1) Meritorious Unit Commendation for the period 1 August 1968 through 30 September 1969 by DAGO Order Number 51, dated 1971 and for the period 1 October 1969 through 7 April 1970 by DAGO Number 43, dated 1972. (2) RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 15 April 1971 by DAGO Number 6, dated 1974 c. Headquarters, United States Army Vietnam and its subordinate units [including the applicant's units] were cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by DAGO Number 8, dated 1974. 3. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the VSM for participation in each credited campaign. A silver service star is worn instead of five bronze service stars. His records indicate he participated in the following seven campaigns during his service in the RVN: * Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January 1968 - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968) * Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968 * Tet 69/Counteroffensive (23 February 1969 - 8 June 1969) * Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970 4. Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. DISCUSSION: 1. Although the applicant's DD Form 214 shows he served one tour in the RVN from 5 March 1969 to 6 April 1970, his DA Form 20 confirms a previous tour in the RVN from 21 July 1967 to 28 July 1968. This information is consistent with the entry in item 22c of his DD Form 214 that shows he completed 2 years, 8 months, and 12 days of foreign service of which 7 months and 3 days was tour credit for Japan. 2. His DA Form 20 lists the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 does not reflect this weapon qualification. 3. His DD Form 214 reflects award of the Vietnam Service Medal; however, it does not include a silver service star and two bronze service stars to denote his participation in seven campaigns. 4. The applicant's unit in Vietnam was cited for award of the Meritorious Unit Commendation (4th Award), the RVN Civil Actions Honor Medal First Class Unit Citation (2nd Award), and the RVN Gallantry Cross with Palm Unit Citation (2nd Award) during his period of assignment. His DD Form 214 does not reflect these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012964 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012964 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2