IN THE CASE OF: BOARD DATE: 23 March 2017 DOCKET NUMBER: AR20150016534 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: 23 March 2017 DOCKET NUMBER: AR20150016534 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 his period of service from 15 September 1959 to 18 June 1962; b. adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Armed Forces Expeditionary Medal * Meritorious Unit Commendation c. adding to item 32 of his DD Form 214 the entry "Vietnam Service: 13 January to 14 June 1962." ______________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: 23 March 2017 DOCKET NUMBER: AR20150016534 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 Vietnam service dates. 2. The applicant states, in effect, he served in Vietnam from January to June 1962. His DD Form 214 only lists his last duty station as the 3rd Radio Research Unit (RRU), APO 143. No specific destination is listed for his service in Vietnam. He is unable to complete a Department of Veterans Affairs medical application without this correction. 3. The applicant provides a personnel roster and 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 the cases 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. 2. The applicant enlisted in the Regular Army on 15 September 1959 and he held military occupational specialty 286.10 (Intercept Equipment Repairman). 3. He provided a roster of personnel working at White Birch Operations, dated 9 March 1962; the applicant’s name is among those listed on this roster. 4. His DA Form 24 (Service Record) shows in: * Section 4 (Chronological Record of Military Service) – * he was assigned to the 3rd RRU, APO 143, from 13 January to 14 June 1962 * he received "excellent" conduct and efficiency ratings throughout his period of service * Section 5 (Service Outside Continental United States), he served in – * Japan from 18 May 1960 to 12 January 1962 * Vietnam from 13 January to 14 June 1962, a period of 5 months and 2 days * Section 9 (Medals, Decorations, and Citations) – the Marksman Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Carbine Bar 5. Items 29 (Foreign Service) and 33 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 13 January to 14 June 1962, where he was assigned to the 3rd RRU, APO 143. 6. He was honorably released from active duty, in the rank/pay grade of specialist five (SP5)/E-5, on 18 June 1962 and was transferred to the U.S. Army Reserve. His DD Form 214 shows he was credited with completing 2 years, 9 months, and 4 days of active service. This form also lists in: * Item 24c (Foreign and/or Sea Service) – 2 years, 1 month, and 12 days and the entry "USARPAC" (U.S. Army Pacific Command) * Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the Marksman Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Carbine Bar * Item 32 (Remarks) – no Vietnam service dates REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states the: a. National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined. b. Armed Forces Expeditionary Medal is awarded to members of the Armed Forces of the United States who after 1 July 1958 participate, or have participated, in U.S. military operations, or U.S. operations in direct support of the United Nations, or U.S. operations of assistance for friendly foreign nations. Tables 2-5 (Armed Forces Expeditionary Medal) of the regulation shows this award was designated for service in Vietnam from 1 July 1958 to 3 July 1965. 2. AR 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 service entirely during the period 7 December 1941 through 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-marital. 3. AR 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of retirement, discharge, or release from active duty. The regulation stated: * Item 24c – would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. "USARPAC" * Item 26 – would lists all awards authorized during the period covered by the form 4. AR 635-5 (Separation Documents), dated 23 May 1972, stated item 30 (Remarks) of the DD Form 214, for service in Vietnam only, would list Vietnam service dates. 5. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 3rd RRU, was cited for award of the Meritorious Unit Commendation, for the period from 13 May 1961 to 31 December 1962, by DA General Orders Number 22, dated 1963. DISCUSSION: 1. The evidence confirms the applicant served in Vietnam from 13 January to 14 June 1962. It appears item 24c of his DD Form 214 includes this service. By regulation, in effect at the time of his release from active duty on 6 September 1962, there was no provision for listing Vietnam service dates in the remarks section of the DD Form 214. In accordance with the regulation, dated 23 May 1972, the remarks section of this form would list Vietnam service dates. There is precedence for retroactively applying the provisions of the 1972 version of the regulation and adding the dates of Vietnam service to the remarks section of the DD Form 214. 2. By regulation, item 26 of the DD Form 214 would list all awards authorized during the period covered by this form: a. He received "excellent" conduct and efficiency ratings during his period of active service, attained the rank sergeant, served in Vietnam, and he completed over 2 years of honorable service. It appears he met the criteria for award of the Army Good Conduct Medal (1st Award) for his period of service from 15 September 1959 to 18 June 1962. b. He completed a qualifying period of service for award of the National Defense Service Medal and Armed Forces Expeditionary Medal; his DD Form 214 does not list these awards. c. GO awarded his unit in Vietnam the Meritorious Unit Commendation during his period of service; his DD Form 214 does not list this unit 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) AR20150016534 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016534 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2