IN THE CASE OF: BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160004236 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: 12 October 2017 DOCKET NUMBER: AR20160004236 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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 October 1973 by adding the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 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 amending his DD Form 214 for the period ending 11 October 1973 to show he was awarded or authorized any additional unit awards. _____________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: 12 October 2017 DOCKET NUMBER: AR20160004236 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) for the period ending 11 October 1973 to show the unit awards and citations he was awarded or authorized for his service in the Republic of Vietnam. 2. The applicant states, in effect, his DD Form 214 does not show any unit citations. During his service in Vietnam and Thailand, he was assigned to several companies and battalions, including the 1st Signal Battalion, the 55th Signal Company, the 379th Signal Battalion, the 510th Signal Company, the 146th Signal Company, and the 228th Signal Company. 3. The applicant provides no additional evidence in support of this request. 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 29 February 1968. He completed his initial entry training and was awarded military occupational specialty 36E (Cable Splicer). 3. Special Orders Number 93, issued by Headquarters, U.S. Army Training Center, Fort Benning, GA on 17 April 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. The applicant served in Thailand from on or about 15 September 1968 through on or about 7 July 1971, as part of U.S. Army Pacific (USARPAC) – Thailand. During this period of service he was assigned to the: * 55th Signal Company, from on or about 15 September 1968 through on or about 12 August 1969 * 379th Signal Battalion, from on or about 13 August 1969 through on or about 7 July 1971 5. The applicant was honorably released from active duty for immediate reenlistment on 17 September 1970. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960). 6. The applicant reenlisted in the Regular Army on 18 September 1970. 7. The applicant served in the Republic of Vietnam from on or about 3 February through on or about 31 October 1972. During this period of service he was assigned to the: * 510th Signal Company, from on or about 10 February through on or about 21 April 1972 * 228th Signal Company, from on or about 22 April through on or about 8 June 1972 * 146th Signal Company, from on or about 9 June through 26 October 1972 8. The applicant was discharged on 11 October 1973. His DD Form 214 shows he was awarded or authorized the Army Good Conduct Medal (1st Award), the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960). 9. The applicant was issued a DD Form 215 (Correction to DD Form 214) on 8 January 2013, which corrected his DD Form 214 for the period ending 11 October 1973 by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation. REFERENCES: 1. Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It provided that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. This regulation instructed the preparer to list all federally recognized awards and decorations for all periods of service, without the use of abbreviations. 2. 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 does not show unit awards were authorized for the units to which the applicant was assigned while serving in the Republic of Vietnam. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show his awarded or authorized unit citations for his service in the Republic of Vietnam. 2. Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). This marksmanship qualification badge is not shown on his final DD Form 214. 3. The applicant's DD Form 214 for the period ending 17 September 1970 shows he was authorized the National Defense Service Medal. However, his DD Form 214 for the period ending 11 October 1973 does not show this award. His DD Form 214 should show all federally recognized awards and decorations for all periods of service. 4. The applicant contends his DD Form 214 does not show his unit citations. Nevertheless, a DD Form 215 corrected a previously issued DD Form 214 by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which appears to be his sole authorized unit citation. The Unit Citation and Campaign Participation Credit Register does not reflect additional unit awards that were awarded to any of the units to which he was assigned during his service in Thailand and Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004236 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2