IN THE CASE OF: BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150016999 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: 11 April 2017 DOCKET NUMBER: AR20150016999 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: a. deleting from item 24 of his 15 March 1973 DD Form 214 the "VSM"; and b. adding the following entries to item 24 of his 15 March 1973 DD Form 214: * Vietnam Service Medal with 3 bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar c. deleting from item 26 of his 12 March 1976 DD Form 214 the "VSM"; and "JSCM" and d. adding the following entries to item 26 of his 12 March 1976 DD Form 214: * Joint Service Commendation Medal (1st Oak Leaf Cluster) * Vietnam Service Medal with 3 bronze service stars * Meritorious Unit Commendation * Expert Marksmanship Qualification Badge with Rifle (M-14) Bar 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 the Army Service Ribbon. ___________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: 11 April 2017 DOCKET NUMBER: AR20150016999 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 military service records to show all of his authorized awards. 2. The applicant states he received orders awarding him a second award of the Joint Service Commendation Medal (JSCM) after he was separated from active duty. He also states that he qualified for the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar and the Army Service Ribbon. 3. The applicant provides copies of his JSCM award documents and his DD Form 214 (Report of Separation from Active Duty), dated 12 March 1976. 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 (RA) on 23 January 1968 for a period of 3 years. He was awarded military occupational specialty (MOS) 70A (General Clerk). 3. He reenlisted in the RA on 25 March 1969 for a period of 4 years. He was promoted to specialist five/pay grade E-5 on 10 December 1970. 4. Headquarters, Eastern Area, Military Traffic Management and Terminal Service, Brooklyn, NY, General Orders (GO) Number 111, dated 18 November 1971, awarded the applicant the JSCM for meritorious service from 5 October 1970 to 1 September 1971. 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: * item 29 (Qualification in Arms): Expert Marksmanship Qualification Badge with Rifle (M-14) Bar [Headquarters, Fort Leonard Wood, MO, Special Order (SO) Number 75, dated 5 March 1968] * item 31 (Foreign Service) – * Azores from 3 June 1969 through 16 September 1970 * Vietnam from 30 September 1971 through 15 June 1972 * item 38 (Record of Assignments): Headquarters and Headquarters Company (HHC), 1st Signal Brigade, from 10 October 1971 through 14 June 1972 6. A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he entered active duty this period on 25 March 1969 and he was honorably discharged on 15 March 1973 to reenlist in the RA. He had completed 3 years, 11 months, and 21 days of net active service this period; 1 year, 2 months, and 2 days of other service; and 5 years, 1 month, and 23 days of total active service. It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the – * National Defense Service Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal * JSCM * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * 1 Overseas Service Bar * Bronze Star Medal 7. He reenlisted in the RA on 15 March 1973 for a period of 3 years. 8. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 9 (Awards, Decorations and Campaigns) the – * National Defense Service Medal * Army Good Conduct Medal (2nd Award) * Vietnam Service Medal – * Consolidation I * Consolidation II * Vietnam Cease-Fire * RVN Campaign Medal * RVN Gallantry Cross with Palm Unit Citation * 1 Overseas Service Bar * JSCM * Bronze Star Medal * Driver's Badge * Army Commendation Medal 9. A DA Form 638 (Recommendation for Award) shows, on 17 December 1975, Lieutenant Colonel Langley J. C____, Commander, Armed Forces Examining and Entrance Station, Oklahoma City, OK, recommended the applicant for award of the JSCM (1st Oak Leaf Cluster) for meritorious service from 21 July 1972 to 14 March 1976. 10. A DD Form 214 shows he entered active duty this period on 15 March 1973 and he was honorably discharged on 12 March 1976. He had completed 2 years, 11 months, and 28 days of net active service this period; 5 years, 1 month, and 20 days of prior active service; and 8 years, 1 month, and 18 days of total active service. It also shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the – * National Defense Service Medal * Army Good Conduct Medal (2nd Award) * Vietnam Service Medal * RVN Campaign Medal * RVN Gallantry Cross with Palm Unit Citation * 1 Oversea Service Bar * JSCM * Bronze Star Medal * Driver's Badge * Army Commendation Medal 11. In support of his application the applicant provides a copy of Headquarters, U.S. Army Recruiting Command, Fort Sheridan, IL, GO Number 111, dated 5 February 1976, and a DD Form 2413 (Joint Service Commendation Medal) certificate, issued on 13 February 1976, that show he was awarded the JSCM (1st Oak Leaf Cluster) for meritorious service from 21 July 1972 to 14 March 1976. 12. A request for review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to return any additional award orders pertaining to the applicant. REFERENCES: 1. Department of Defense 1348.33 (Manual for Military Decorations and Awards) shows the JSCM was authorized by the Secretary of Defense on 25 June 1963. It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service. An oak leaf cluster is authorized for wear for each additional award of the JSCM. 2. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Vietnam Service Medal (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. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. b. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns – * Consolidation I (1 July - 30 November 1971) * Consolidation II (1 December 1971 - 29 March 1972) * Vietnam Cease-Fire (30 March 1972 - 28 January 1973) c. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve 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 Army status on or after 1 August 1981. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units serving in Vietnam. a. It shows during the applicant's period of assignment to HHC, 1st Signal Brigade, the unit was cited for award of the Meritorious Unit Commendation for the period 1 July 1970 to 1 July 1972 in Department of the Army General Order (DAGO) Number 6 (1974). b. It also shows DAGO Number 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units for the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant contends that his military service records should be corrected to show all of his authorized awards, including a second award of the JSCM, the Army Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar. 2. The evidence of record shows: a. GOs awarded the applicant the two awards of the JSCM; b. the applicant qualified for award of the VSM, he participated in three campaigns during his service in Vietnam, and he is authorized three bronze service stars for wear on his already-awarded VSM; c. SOs awarded him the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar; and d. GOs awarded his unit the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation. 3. Records show the applicant had continuous, honorable active service from 23 January 1968 through 12 March 1976. There is no evidence of record that shows he had active service in the U.S. Army on or after 1 August 1981. The evidence of record is insufficient to authorize award of the Army Service Ribbon. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016999 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016999 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2