IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004880 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) to show his 18 months of service in Vietnam. 2. The applicant states, in effect, at the time of his discharge, the preparer of his DD Form 214 only showed 1 year of foreign service in Vietnam. Because he had extended to serve a total of 18 months, he challenged this but was told only full years were credited. 3. The applicant provides his DD Form 214 for the period ending 24 February 1969, page 3 of his DA Form 20 (Enlisted Qualification Record), and his previous application to the Board. 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 25 February 1966. 3. He was honorably released from active duty on 24 February 1969. His DD Form 214 shows he completed 3 years of TOTAL active service. Block 22c (Foreign and/or Sea Service) indicates service in the Republic of Vietnam for a period of 1 year. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) 4. His available service record contains a DA Form 20. a. Item 29 (Qualification In Arms) shows he earned a rating of expert for the M-14 rifle on 5 April 1966. b. Item 31 (Foreign Service) states he served in Vietnam from on or about 11 August 1966 to on or about 10 February 1968 (1 year and 6 months). This supports that he has qualifying service for three campaigns: * Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967) * Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968) * Tet Counteroffensive (30 January 1968 to 1 April 1968) c. Item 38 (Record of Assignments) shows the applicant's Conduct and Efficiency ratings were all "Excellent" throughout his period of service. It also shows, while in Vietnam, he was assigned to the 24th Transportation Company (Light Truck). d. No derogatory information was found in the applicant's available service record. Additionally, there is no indication his unit commander submitted a recommendation disapproving of the Army Good Conduct Medal. 5. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures for the completion of the DD Form 214. Regarding block 22c, it states this entry should show the total active duty outside the continental U.S. (CONUS). For Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the regulation states all decorations, to include badges, should be entered. 6. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. It states: a. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. b. Marksmanship badges are awarded to indicate the degree in which an individual has qualified in a prescribed weapons firing course. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. 7. 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. There must have been no convictions by a court-martial. 8. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It states that all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974. DISCUSSION AND CONCLUSIONS: 1. The applicant requests his DD Form 214 be amended to show his total service in Vietnam. 2. His DA Form 20 shows he served in Vietnam from 11 August 1966 to on or about 10 February 1968, a total of 1 year and 6 months. At present his DD Form 214 only shows 1 year of foreign service. The regulation requires the DD Form 214 to reflect the total period of service outside CONUS. It would be appropriate to amend his DD Form 214 to show 1 year and 6 months of foreign service. 3. As a related issue he is entitled to additional awards for his extended service in Vietnam that are not reflected on his D Form 2114. It also appears his term of service met the criteria for award of the Army Good Conduct Medal (1st Award) during the period 25 February 1966 through 24 February 1969. It would be appropriate to award him this medal and correct his DD Form 214 to show this award. His records revealed the following: * there is no derogatory information in his available record * he received all "excellent" ratings for conduct and efficiency throughout his term of service 4. His DD Form 214 shows only one bronze service star with his already-awarded Vietnam Service Medal, but he actually participated in three campaigns. Additionally, all units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. With regard to weapons qualification, he earned the rating of expert with the M-14 rifle. This rating is authorized to receive an Expert Marksmanship Qualification Badge with a Rifle Bar (M-14). None of these awards are not reflected on his DD Form 214. BOARD VOTE: ___x____ ___x____ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 amending his DD Form 214 for the period ending 24 February 1969 to show the following: a. Award the Army Good Conduct Medal (1st Award) for the period 25 February 1966 through 24 February 1969. b. Delete the entry in block 22c which shows 1/0/0 and replace it with 1/6/0. c. Delete the Vietnam Service Medal with one bronze service star. d. Add the following awards: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) __________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) AR20150004880 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004880 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1