IN THE CASE OF: BOARD DATE: 2 May 2017 DOCKET NUMBER: AR20150017719 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: 2 May 2017 DOCKET NUMBER: AR20150017719 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 amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 August 1969 by deleting the Vietnam Service Medal and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with silver service star * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) ___________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: 2 May 2017 DOCKET NUMBER: AR20150017719 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 all of his missing awards and decorations to which he may be entitled. In a follow-up application, he requests the Meritorious Unit Commendation be added to his DD Form 214. 2. The applicant states, in effect, his honorable service should be properly reflected on his DD Form 214. 3. The applicant provides: * his DD Form 214 * a letter from his Member of Congress with a list of medals * his DA Form 20 (Enlisted Qualification Record) * General Orders Number 5681, issued by Headquarters, U.S. Army Vietnam on 10 December 1968, with a list of detachments and units 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 2 August 1966 and served in military occupational specialty (MOS) 31B (Radio Mechanic). 3. The applicant's DA Form 20 shows in: a. Item 31 (Foreign Service), he served in the Republic of Vietnam from 14 February 1967 through 26 August 1968, a period of 1 year, 6 months, and 13 days. b. Item 38 (Record of Assignments), he served with Battery D, 6th Battalion, 71st Artillery Regiment, 97th Artillery Group (Air Defense (AD)) during his service in the Republic of Vietnam. 4. Special Orders Number 220, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA on 16 September 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 5. General Orders Number 36, issued by Headquarters, 1st Training Brigade, U.S. Training Center, Armor, Fort Knox, KY on 30 July 1969, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 2 August 1966 through 1 August 1969. 6. The applicant was honorably released from active duty on 1 August 1969. His DD Form 214 shows he completed 3 years of total active service with 1 year, 6 months, and 13 days of foreign and/or sea service, and held the rank/grade of specialist five (SP5)/E-5. His DD Form 214 further shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal (formally known as the Republic of Vietnam Campaign Medal with Device (1960)) * Expert Badge (Pistol) (formally known as the Expert Marksmanship Qualification Badge with Pistol Bar (.45 cal)) 7. The applicant provides General Orders Number 5681, issued by Headquarters, U.S. Army Vietnam on 10 December 1968, which commended the 97th Artillery Group (AD) and its assigned units for exceptionally meritorious achievement in the performance of outstanding service in support of military operations during the period 1 January to 30 June 1968. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star is worn instead of five bronze service stars. Table B-1 shows during his service in Vietnam, campaign participation was awarded for the following five campaigns: * Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967) * 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) 2. U.S. Army Vietnam (USARV) Regulation 672-3 (Unit Decorations), paragraph 2e., provided that units performing an act of heroism or meritorious service that did not warrant the award of the Presidential Unit Citation (PUC) (Army), Valorous Unit Award (VUA), or Meritorious Unit Commendation (MUC), could be commended in general orders of echelons subordinate to Headquarters, Department of the Army. Such commendation did not entitle the unit to a streamer nor its members to wear an emblem. 3. 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 the unit to which the applicant was assigned was cited for the: * Meritorious Unit Commendation for service during the period 5 April 1967 - 30 September 1968, by Department of the Army General Orders (DAGO) Number 70, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 5 April 1967 - 15 March 1969, by DAGO Number 60, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 2 December 1966 - 15 January 1971, by DAGO Number 51, dated 1971 DISCUSSION: 1. The applicant's request, contentions, and supporting documentation have been carefully reviewed and considered. 2. General Orders awarded him the Army Good Conduct Medal (1st Award) on 30 July 1969; however, this award is not shown on his DD Form 214. 3. Special Orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) on 16 September 1966; however, this award is not shown on his DD Form 214. 4. The applicant participated in five campaigns during his service in the Republic of Vietnam; however, his DD Form 214 shows only his previously-awarded Vietnam Service Medal without any corresponding bronze service stars to denote campaign participation. By regulation, a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star is worn instead of five bronze service stars. 5. General orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendations, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are not shown on his DD Form 214. 6. The applicant provides General Orders Number 5681, issued by Headquarters, USARV on 10 December 1968, in support of his contention that his records should show he was twice awarded or authorized the MUC. USARV Regulation 672-3 provided that units performing an act of heroism or meritorious service that does not warrant the award of the PUC (Army), VUA, or MUC, could be commended in general orders of echelons subordinate to Headquarters, Department of the Army. Such commendation did not entitle the unit to a streamer nor its members to wear an emblem. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017719 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017719 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2