BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160004754 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 7 BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160004754 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 30 August 1967 to 23 April 1969 * adding to item 24 of his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * National Defense Service Medal; * Marksman Marksmanship Qualification Badge with Rifle (M-16 and M-14) and Machine Gun (M-60) Bars * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * adding to item 30 of this form the entry "Vietnam Service Dates: 8 February to 7 November 1968" 2. The Board further determined that 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 award of the Overseas Service Ribbon and its addition to his DD Form 214. ____________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. BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160004754 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 his service in Vietnam and the: * Vietnam Service Medal * Republic of Vietnam Campaign Medal with 1960 Device * National Defense Service Medal * Overseas Service Ribbon 2. The applicant states his current DD Form 214 shows nothing for his time in Vietnam. It should show under awards the aforementioned awards. Item 22c (Foreign and/or Sea Service) of this form already shows his foreign service. He was awarded two awards of the Purple Heart. Item 31 (Foreign Service) of his DA Form 20 (Enlistment Qualification Record), dated 5 September 1968, annotates his service in Vietnam from 8 February to 7 November 1968. He is filing a claim for compensation for diabetes (due to Agent Orange exposure) with the Department of Veterans Affairs. He wants a corrected DD Form 214 as a legacy for his children and grandchildren. 3. The applicant provides his 5 September 1968 and 17 April 1969 DA Forms 20, DD Form 771 (Spectacles Prescription), Vietnam Combat Certificate, two Purple Heart Certificates, and DD Form 214. 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 the cases 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. 2. The applicant was inducted into the Army of the United States on 30 August 1967 and he held military occupation specialty 11B (Light Weapons Infantryman). 3. His records contain: * Special Orders (SO) awarding him the Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun (M-60) Bars * SO awarding him the Combat Infantryman Badge * DA Form 20, dated 5 September 1968, listing in: * Item 31 – he served in Vietnam from 8 February to 7 November 1968, during three campaigns * Item 40 (Wounds) – he was wounded in action in Vietnam on 31 May and 28 October 1968 * Item 41 (Awards and Decorations) – the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Combat Infantryman Badge * Air Medal * one overseas service bar * Marksman Marksmanship Qualification Badge with Rifle (M-16 and M-14) and Machine Gun (M-60) Bars * Western Union Telegram, dated 29 October 1968, informing the applicant's parents that he was wounded in action in Vietnam on 28 October 1968 * Reassignment Orders (Medical Evacuees), dated 13 November 1968, dropping the applicant from his unit strength and reassigning him to the U.S. Army Vietnam Patient Casual Company 4. He provided: * Vietnam Combat Certificate stating he was assigned to Company A, 2nd Battalion, 5th Cavalry, from 8 February to 7 November 1968, a period of 9 months * two Purple Heart Certificates stating he was wounded in action in Vietnam on 31 May and 28 October 1968 5. His DA Form 20, dated 17 April 1969, lists in: * Item 31 – he served in Vietnam from 8 February 1968 to 7 February 1969 * Item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) during his period of service * Item 41 – No awards 6. He was honorably released from active duty on 23 April 1969 and he was transferred to the U.S. Army Reserve (USAR). His DD Form 214 shows he completed 1 year, 7 months, and 24 days of active service. This form lists in: * Item 22c – 9 months – U.S. Army Pacific (USARPAC) * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Authorized) – * Air Medal * Purple Heart with 1st Oak Leaf Cluster * Army Commendation Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Item 30 (Remarks) – the entry "Separated from service on Temporary Records and Soldier's Affidavit" and no service dates for Vietnam 7. He was honorably discharged from the USAR on 1 August 1973. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states: a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. To qualify for award of the Vietnam Service Medal an individual must be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations. b. The Republic of Vietnam Campaign Medal is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who have served in Vietnam for a period of 6 months. c. A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation. d. The National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974, both dates inclusive. e. The Overseas 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 for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. 2. AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-marital. 3. AR 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated: * Item 22c – would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. "USARPAC" * Item 24 – would list all awards awarded or authorized during the period covered by the DD Form 214 * Item 30 – no provision for listing service dates in Vietnam 4. AR 635-5 (Separation Documents, dated 23 May 1972, stated item 30, for service in Vietnam only, would list Vietnam service dates. 5. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 2nd Battalion, 5th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period from 9 August 1965 to 19 May 1969, by DA General Orders Number 59, dated 1969. DISCUSSION: 1. The evidence of record confirms the applicant served in Vietnam from 8 February to 7 November 1968, a period of 9 months. He completed a qualifying period of service for award of the Vietnam Service Medal, with three bronze service stars to denote his campaign participation, and Republic of Vietnam Campaign Medal with 1960 Device. His DD Form 214 does not list these awards. 2. He completed a qualifying period of service for award of the National Defense Service Medal. His DD Form 214 does not list this award. 3. He was awarded the Marksman Marksmanship Qualification Badge with Rifle (M-16 and M-14) and Machine Gun (M-60) Bars, and Combat Infantryman Badge during his period of service. His DD Form 214 does not list these badges. 4. Orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not list this unit award. 5. He received "excellent" conduct and efficiency rating during his period of active duty, served in Vietnam, twice awarded the Purple Heart, and completed over 1 year of honorable service. It appears he met the criteria for award of the Army Good Conduct Medal (1st Award) for his period of service from 30 August 1967 to 23 April 1969 and its addition to his DD Form 214. 6. By regulation in effect at the time of his release from active duty on 23 April 1969, there was no provision for listing in the remarks section of the DD Form 214 any Vietnam service dates. By regulation, dated 23 May 1972, the remarks section of this form would list any Vietnam service dates. Item 30 of his 1969 DD Form 214 does not list his Vietnam service dates. 7. With respect to award of the Overseas Service Ribbon, notwithstanding his oversees service in Vietnam between February and November 1968, the Overseas Service Ribbon was not established until 1 August 1981 for overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. He was released from active duty on 23 April 1969 and was discharged from the USAR on 1 August 1971. There is no evidence to show he was in an Active Army status on or after 1 August 1981. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004754 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004754 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2