IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004447 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 he was awarded or authorized the: * Vietnam Service Medal with one silver service star * Valorous Unit Award * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * 4 overseas service bars 2. The applicant states his DD Form 214 should show four overseas service bars instead of three because he served in Vietnam for 2 years. He contends he is authorized the Vietnam Service Medal with one silver service star and unit citations that were announced in Department of the Army General Orders (DAGO), which were issued after his discharge. 3. The applicant provides: * DD Form 214 * an extract of his DA Form 20 (Enlisted Qualification Record) containing Section 38 (Record of Assignments) * a letter from the National Personnel Records Center (NPRC), dated 12 July 2010 * DAGO Number 51, dated 10 November 1971 * DAGO Number 43, dated 29 November 1972 * DAGO Number 14, dated 25 June 1979 * DAGO Number 16, dated 31 March 1972 * DAGO Number 19, dated 18 June 1974 * DAGO Number 6, dated 25 February 1974 * DAGO Number 8, dated 1974 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 28 January 1969. 3. His DA Form 20 shows in: a. Item 31 (Foreign Service), he served in the Republic of Vietnam from 3 July 1969 to 12 September 1971; b. Item 38 (Record of Assignments), he was assigned to the following units during the periods indicated: * 74th Supply Company, from 9 July 1969 to 19 April 1970 * Headquarters and Headquarters Company (HHC), 34th Supply and Services Battalion, from 20 April to 12 June 1970 * Headquarters and Headquarters Detachment (HHD), USA Support Command, Da Nang, from 13 June to 3 November 1970 * 56th Supply Company, from 4 November 1970 to 29 June 1971 * E Company, 50th Infantry Division, from 30 June to 7 September 1971 c. Item 38, he received all "excellent" conduct and efficiency ratings throughout his period of active service. 4. His military record is void of derogatory information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 5. He was honorably released from active duty on 12 September 1971, in the rank/grade of sergeant/E-5 after completing 2 years, 7 months, and 14 days of active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * 3 overseas service bars 6. He provides: a. a letter from the NPRC, dated 12 July 2010, informing him the NPRC had authorized shipment of various medal sets based on the documents he provided. The authorized awards included the Valorous Unit Award in addition to the awards shown on his DD Form 214. b. DAGO Number 51, dated 10 November 1971, which shows HHD, USA Support Command, Da Nang, was awarded the Meritorious Unit Commendation for the period 1 January 1969 to 30 June 1970; c. DAGO Number 43, dated 29 November 1972, which shows the 34th Quartermaster Battalion was awarded the Valorous Unit Award for the period 1 May to 29 June 1970; d. DAGO Number 14, dated 25 June 1979, which amended DAGO Number 43, dated 29 November 1972, by replacing "34th Quartermaster Battalion" with "HHC, 34th Supply and Service Battalion"; e. DAGO Number 16, dated 31 March 1972, which shows HHD, 1st Logistical Command and its assigned units were awarded the Meritorious Unit Commendation for the period April 1968 to April 1970. Assigned units include: * 7th Public Information Detachment * 15th Military History Detachment * 182nd Ordnance Detachment * 472nd Signal Detachment f. DAGO Number 19, dated 18 June 1974, which amended DAGO Number 16, dated 31 March 1972, by adding the specific dates of service; and e. DAGO Number 6, dated 25 February 1974, which shows USA Support Command, Da Nang, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March to 9 October 1971. 7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during the applicant's service his service in Vietnam, he participated in the following five campaigns: * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May - 30 June 1970) * Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) * Consolidation I (1 July 1971 - 30 November 1971) 8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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. 9. 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 that during his assignment to HHC, 34th Supply and Service Battalion, this unit was cited in general orders for the Valorous Unit Award for service during the period 1 May to 29 June 1970. 10. Department of the Army Pamphlet 672-3 shows that during his assignment to HHD, USA Support Command, Da Nang, this unit was cited in general orders for the Meritorious Unit Commendation for service during the period 1 January 1969 to 30 June 1970. 11. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 12. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. service in Vietnam from 1 July 1958 to 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal. The evidence shows he participated in five campaigns during his service in Vietnam. Accordingly, the Vietnam Service Medal annotated on his DD Form 214 should be accompanied by a single silver service star. 2. The applicant served in Vietnam from July 1969 to September 1971. Based on this service, he is authorized four overseas service bars. However, his DD Form 214 shows he is authorized only three overseas service bars. 3. The evidence of record confirms he received all "excellent" conduct and efficiency ratings throughout his active duty service and his record is void of derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal for the period 28 January 1969 to 12 September 1970. 4. Department of the Army Pamphlet 672-3 shows his units of assignment during his service in Vietnam were cited in general orders for the Valorous Unit Award and Meritorious Unit Commendation. These unit awards are not reflected on his DD Form 214. 5. All units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award is not reflected on his DD Form 214. 6. He provided DAGO Number 16, dated 31 March 1972, and DAGO Number 19, dated 18 June 1974, and highlighted that HHD, 1st Logistical Command and its assigned units were awarded the Meritorious Unit Commendation for the period April 1968 to April 1970; however, there is no evidence indicating he was assigned to these units during his service in Vietnam. As a result, there is no basis to correct his DD Form 214 to show a second award of the Meritorious Unit Commendation. 7. He also provided DAGO Number 6, dated 1974, and highlighted that the USA Support Command, Da Nang, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March to 9 October 1971; however, there is no evidence indicating he was assigned to this unit during the period 1 March to 9 October 1971. As a result, there is no basis to correct his DD Form 214 to show a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 28 January 1969 to 12 September 1971; b. amending his DD Form 214 by deleting the Vietnam Service Medal and three overseas service bars and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star * Valorous Unit Award * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * 4 overseas service bars 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 adding to his DD Form 214 a second award of the Meritorious Unit Commendation and a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. ____________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. ABCMR Record of Proceedings (cont) AR20150004447 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004447 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1