BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016787 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 BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016787 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 16 February 1971 through 21 April 1972; b. deleting the entry in item 22c of his DD Form 214 and adding "00  11  09;" c. deleting the Vietnam Service Medal from item 24 of his DD Form 214; and d. adding to his DD Form 214 the Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, and the RVN Gallantry Cross with Palm Unit Citation. ____________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. BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016787 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his foreign service in the Republic of Vietnam (RVN). 2. He states, in effect, that his RVN service is missing from his DD Form 214. 3. The applicant provides his DD Form 214, discharge certificate, and Orders 01-1007127, dated 26 January 1977. 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 Army of the United States on 16 February 1971. 3. His DA Form 20 (Enlisted Qualification Record) shows: a. Item 38 (Record of Assignment) he served in the RVN from 17 August 1971 to 17 April 1972 while assigned to the 86th Transportation Company. b. Item 38 shows he received "excellent" conduct and efficiency ratings for all periods of service except during periods identified as a permanent change of station wherein he received no ratings. c. Item 41 (Awards and Decorations) no entry for award of the Army Good Conduct Medal. There is no evidence of disciplinary actions against the applicant or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. 4. He was honorably released from active duty on 21 April 1972. He completed 1 year, 2 months, and 6 days of net active service with no lost time. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 5. This form further shows in: * Item 22c (Foreign and/or Sea Service) the entry "USARPAC [U.S. Army Pacific Command] 0  8  9 [8 months and 9 days]" * item 30 (Remarks) the entry "RVN [SERVICE]: 11 MAY 71 – 19 APR 72" REFERENCES: 1. 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 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal 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. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during the applicant’s service in Vietnam he participated in the Vietnam Counteroffensive Phase VII, Consolidation I, Consolidation II, and Vietnam Cease-Fire campaigns. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance for preparation of the DD Form 214. It stated item 22c would show the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., USARPAC. Furthermore, the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in item 30. DISCUSSION: 1. Item 30 of his DD Form 214 shows he served in the RVN from 11 May 1971 to 19 April 1972 which is a total of 11 months and 9 days. However, Item 22c of this form shows he completed 8 months and 9 days of foreign service. He has no record of lost time; therefore, Item 22c should reflect his entire period of service in the RVN of 11 months and 9 days. 2. He received "excellent" conduct and efficiency ratings for each duty assignment. The evidence indicates he met the criteria for award of the Army Good Conduct Medal for the period from 16 February 1971 to 21 April 1972. 3. He participated in four campaigns while serving in the RVN. He is authorized four bronze service stars for wear on his previously-awarded VSM, which are not shown on his DD Form 214. 4. General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation, which is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016787 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016787 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2