BOARD DATE: 6 June DOCKET NUMBER: AR20160000573 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: 6 June 2017 DOCKET NUMBER: AR20160000573 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 25 February 1969 through 2 October 1970 (Standard Name Line: SP4, 442d Signal Battalion, U.S. Army Support, Thailand); and b. adding the following awards to item 24 of his DD Form 214: * Army Good Conduct Medal (1st Award) * Meritorious Unit Commendation * Marksman Marksmanship Qualification Badge with Rifle Bar _________________________ 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: 6 June 2017 DOCKET NUMBER: AR20160000573 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, a review of his records to determine the correctness of his award of the Vietnam Service Medal (VSM) and the Republic of Vietnam (RVN) Campaign Medal. 2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows award of the VSM and the RVN Campaign Medal. a. He states he was told he could receive the VSM if he served in Japan. He also states that his brother gave his life for this country. If he does not deserve the service medals, he requests removal of these medals from his DD Form 214 because he does not want to dishonor his brother. b. He further states he believes he deserves the service medals, but the veterans' board in Columbia, South Carolina, denied his claim for service-connected melanoma cancer, diabetes, and foot disorder. He adds that if he knew the correctness of his military records was going to be a problem, he would have kept better records. 3. The applicant provides no additional evidence. 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 25 February 1969. He was awarded military occupational specialty 72C (Switchboard Operator). 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 29 (Qualification in Arms) – Marksman, M-16A1 Rifle, April 1969 * item 31 (Foreign Service) – Thailand from 5 October 1969 through 30 September 1970 * item 33 (Appointments and Reductions) – specialist four (SP4)/E-4, 20 March 1970 * item 38 (Record of Assignments) – Augmentation B, 442d Signal Battalion, from 8 October 1969 through 29 September 1970 * item 41 (Awards and Decorations) – * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (Headquarters, 2d Brigade, Special Orders Number 79, dated 1969) * VSM * RVN Campaign Medal with Device (1960) 4. Headquarters, Company A, 6th Battalion, 2d Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Jackson, SC, Special Orders Number 79, dated 21 April 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 5. His DD Form 214 shows he entered active duty on 25 February 1969. He was honorably released from active duty on 2 October 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 7 months, and 8 days of total active service during this period that included 1 year and 27 days of foreign service. It also shows in: * item 12 (Last Duty Assignment and Major Command) – 442d Signal Battalion, U.S. Army Support, Thailand * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * VSM * RVN Campaign Medal * item 30 (Remarks) – "RVN: NA [Not Applicable]" 6. A review of the applicant's military personnel records failed to reveal any evidence of disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). This review revealed that item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service. REFERENCES: 1. The U.S. Army Center of Military History website provides unit lineage and honors and shows the 442d Signal Battalion was activated on 6 November 1967 in Thailand; Companies A, B, and C were inactivated on 14 July 1969 in Thailand; and Headquarters and Headquarters Detachment was inactivated on 30 June 1971 in Thailand. 2. Headquarters, Department of the Army, General Orders Number 37, dated 2 October 1972, show the Meritorious Unit Commendation was awarded to the 442d Signal Battalion for outstanding service in support of U.S. forces engaged in combat operations in the RVN and in support of all U.S. military forces in Thailand during the period July 1969 through July 1971. 3. Department of Defense (DOD) Manual Number 1348.33 (Manual of Military Decorations and Awards: DOD Service Awards – Campaign, Expeditionary, and Service Medals) provides procedures, guidance, and eligibility requirements for award of DOD service awards. In addition, Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award. Direct support is defined as services being supplied to participating forces in the area of eligibility and includes: * units, ships, and aircraft providing it involves actually entering the designated area * ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support within the designated area of eligibility b. The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the RVN required the individual to provide direct combat support to the RVN and Armed Forces. 4. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. 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. DISCUSSION: 1. Records show the applicant was assigned to the 442d Signal Battalion in Thailand from 8 October 1969 through 29 September 1970. 2. The evidence of record shows general orders awarded the applicant's unit (i.e., 442d Signal Battalion) the Meritorious Unit Commendation for outstanding service in support of U.S. forces engaged in combat operations in RVN during the period July 1969 through July 1971. a. The evidence of record shows the applicant qualified for award of the VSM and RVN Campaign Medal based on his service in Thailand in support of U.S. forces engaged in combat operations in the RVN. b. Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 3. The applicant served a period of continuous, honorable active enlisted service from 25 February 1969 through 2 October 1970. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was promoted to SP4/E-4 and he received all "excellent" conduct and efficiency ratings during his period of service. c. Based on the available evidence, he appears to meet the eligibility criteria for award of the AGCM (1st 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) AR20160000573 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000573 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2