IN THE CASE OF: BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160003454 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: 24 October 2017 DOCKET NUMBER: AR20160003454 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 amending his DD Form 214 for the period ending on 10 June 1969 by: a. deleting from item 24 his DD Form 214 the Vietnam Service Medal; and b. adding to item 24 of his DD Form 214: * Army Commendation Medal * Purple Heart * Vietnam Service Medal with one silver and one bronze service star * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) c. adding to item 22c of his DD Form 214 "USARPAC" 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 listing USAREUR (Germany) and three overseas service bars. ___________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: 24 October 2017 DOCKET NUMBER: AR20160003454 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 10 June 1969 to add the: * Vietnam Campaign Medal (correctly known as the Republic of Vietnam (RVN) Campaign Medal with Device (1960)) * Army Commendation Medal (ARCOM) * RVN Gallantry Cross with Palm Unit Citation * Purple Heart * three overseas service bars * All medals and ribbons he is entitled * Service in U.S. Army Europe (USAREUR) (Germany) 2. He states he was awarded the Purple Heart on 23 January 1969. 3. He provides: * DD Forms 4 (Enlistment Record - Armed Forces of the United States), dated 1 April 1964 and 23 September 1966 * DD Forms 214 for the periods ending on 22 September 1966 and 10 June 1969 * Orders 267, dated 24 September 1966 * Orders 5523, dated 15 June 1968 * Orders 608, dated 23 January 1969 * DA Form 20 (Enlisted Qualification Record) * Discharge Document 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 requests correction of his DD Form 214 to add the RVN Campaign Medal with Device (1960). The applicant's DD Form 214 for the period ending on 10 June 1969 shows this award. Therefore, his request to add this award to his DD Form 214 will not be discussed any further in these Proceedings. 3. The applicant enlisted in the Regular Army on 1 April 1964. He was honorably discharged on 22 September 1966 for immediate reenlistment, which occurred the following day. 4. His DA Form 20 shows in: a. Item 31 (Foreign Service) he served in USAREUR (Germany) from 27 October 1964 to 7 October 1967 and U.S. Army Pacific (USARPAC) (Vietnam) from 11 November 1967 to on or about 10 June 1969. His service in the RVN equates to 1 year, 6 months, and 18 days. b. Item 38 (Record of Assignments), during his service in the RVN he was assigned to Headquarters and Headquarters Detachment, 121st Signal Battalion, 1st Infantry Division from 21 November 1967 to 7 June 1969. c. Item 41 (Awards and Decorations) shows the applicant was awarded three overseas service bars. 5. Special Orders Number 78, issued by Headquarters, 4th Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY, dated 3 June 1964, show he qualified as a marksman with the M-14 Rifle. 6. General Orders Number 5523, issued by Headquarters, 1st Infantry Division, dated 15 June 1968, awarded the applicant the ARCOM for meritorious achievement in the RVN for the period 1 February to 30 April 1968. 7. General Orders Number 608, issued by Headquarters, 1st Infantry Division, dated 23 January 1969, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN on 19 January 1969. 8. He was honorably released from active duty on 10 June 1969 and credited with completing 2 years, 8 months, 18 days of service this period. His DD Form 214 shows in: a. Item 22c (Foreign and/or Sea Service), contains the entry "02 07 13," but does not list the last overseas theater in which served, b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) c. Item 30 (Remarks) does not contain an entry concerning his foreign service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Appendix B states a bronze service star is awarded for wear on the VSM for participation in each campaign. A silver service star is worn instead of five bronze service stars. His records indicate he participated in the following six campaigns: * 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) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69/Counteroffensive (23 February 1969 - 8 June 1969) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet shows the 121st Signal Battalion, to which he was assigned, was cited for the: * Meritorious Unit Commendation for the period 1 June 1967 through 31 May 1968 by DAGO Number 1, dated 1969 * Meritorious Unit Commendation for the period 1 June 1968 through 31 May 1969 by DAGO Number 39, dated 1970 * RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by DAGO Number 21, dated 1969 3. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states that one overseas service bar is authorized for each six-month period active Federal service as a member of a U.S. Service in Vietnam, from 1 July 1958 to 28 March 1973. Additionally, the months of arrival to and departure from Vietnam are counted as whole months for credit toward the overseas service bar. As the applicant arrived in Vietnam in November 1967 and departed in June 1969, he has 18 qualifying months of overseas credit in Vietnam for overseas services bars. Service bars are not authorized for entry on the DD Form 214. 4. Army Regulation 635-5 (Separation Documents) in effect at the time, established standardized policy for preparing and distributing the DD Form 214. Section III instructed the preparer, in pertinent part, to enter the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed, e.g., "USARPAC" in item 22c. There was no requirement to list the country or the dates of service in item 30. DISCUSSION: 1. Orders verify the applicant was awarded the ARCOM, Purple Heart, and qualified as marksman with the M14 Rifle. These awards and weapon qualification badge are not listed on his DD Form 214. 2. The evidence also shows he participated in six campaigns during his service in the RVN. He was already awarded the VSM, but his VSM does not show a silver service star and one bronze service star to represent the six campaigns. 3. The evidence of record shows he was assigned to the 21st Signal Battalion during the period the unit was cited for two awards of the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation. However, these awards are not listed on his DD Form 214. 4. His DD form 214 shows 2 years, 7 months, and 13 days of foreign service in item 22c. By regulation, the last overseas theater where the service was performed is required to be listed. Since USARPAC (Vietnam) is the last overseas theater where the applicant performed duties, USAREUR (Germany) is not authorized to be listed. Although not requested, his DD Form 214 should be corrected to reflect USARPAC in item 22c. 5. The applicant completed over 18 months of qualifying Vietnam credit for three overseas service bars in accordance with Army Regulation 670-1. However, service bars are an item of uniform wear, not an award or decoration, and thus are not authorized for entry on the 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) AR20160003454 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003454 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2