BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005223 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 11 October 1966 through 2 October 1969, to show his foreign service in the Republic of Vietnam and the awards he is authorized as a result of that service. 2. The applicant states his DD Form 214 does not show the dates of his foreign service in Vietnam and/or a campaign medal. 3. The applicant provides his DD Form 214 for the period 6-10 October 1966. 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 was inducted into the Army of the United States on 6 October 1966. He was discharged on 10 October 1966 for the purpose of immediate enlistment in the Regular Army. 3. He enlisted in the Regular Army on 11 October 1966. He completed his initial entry training and was awarded military occupational specialties 76S (Automotive Repair Parts Specialist) and 76U (Communication Electronics Repair Parts Specialist). 4. Special Orders Number 252, issued by Headquarters, 2nd Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, New Jersey on 30 November 1966, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 5. A memorandum, issued by Headquarters, 69th Infantry Brigade, Fort Carson, Colorado on 9 October 1968, shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 6. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service), he served in Germany from 16 September 1967 to 8 May 1968 and in Vietnam from 29 November 1968 to 1 October 1969; b. item 38 (Record of Assignments), he was assigned to Headquarters Detachment, 39th Signal Battalion from 8 December 1968 to 19 May 1969 and to Company C, 36th Signal Battalion from 20 May to 29 September 1969. 7. He was honorably released from active duty on 2 October 1969. His DD Form 214 for this period of service shows in: a. item 22c (Foreign and/or Sea Service), the entry "1 6 10" indicating he served 1 year, 6 months, and 10 days of foreign and/or sea service. The overseas area where the foreign service was performed is not shown in item 22c; b. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960)); and c. item 30 (Remarks) no entry for his Vietnam service. 8. 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. Appendix B of this regulation shows that during the applicant's service in Vietnam, participation credit was awarded for three campaigns. * Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69/Counteroffensive (23 February - 8 June 1969) * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) 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 Company C, 36th Signal Battalion, this unit was cited in general orders for award of the Meritorious Unit Commendation for service during the period 1 October 1967 to 30 September 1969. 10. Department of the Army General Orders (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. 11. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's active duty service, provided detailed instructions for completing separation documents. The version in effect at the time of his separation specified that item 22c of the DD Form 214 would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed (e.g., USARPAC (U.S. Army Pacific)). The regulation did not provide for the country where the overseas service was performed or the specific dates of the overseas service to be identified on the DD Form 214. 12. Army Regulation 635-5 later provided that in the remarks section, the preparer should indicate Indochina and Korea service on or after 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina. For example, to show service in Vietnam only, enter "Vietnam – 25 Apr 70 through 28 May 71, Indochina – yes, Korea – no." DISCUSSION AND CONCLUSIONS: 1. The applicant participated in 3 campaigns during his service in the Republic of Vietnam; however, his DD Form 214 shows only the Vietnam Service Medal without any corresponding bronze service stars to denote campaign participation. 2. Department of the Army Pamphlet 672-3 shows his unit of assignment during his service in Vietnam was cited in general orders for the Meritorious Unit Commendation. In addition DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam. These unit awards are not shown on his DD Form 214. 3. The applicant's record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). These badges are not shown on his DD Form 214. 4. The regulation governing the preparation of separation documents in effect at the time of his separation did not provide for the identification of the country where the overseas service was performed or the specific dates of the overseas service on the DD Form 214. However, the regulation was subsequently changed to provide for such an entry. Based on the foregoing, in order to facilitate the processing of any claim the applicant may have to the Department of Veterans Affairs, now or in the future, and as a matter of equity, it would be appropriate to amend item 30 of his DD Form 214 to show his Vietnam service. 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 11 October 1966 to 2 October 1969, as follows: a. deleting from item 24 the Vietnam Service Medal; b. adding to item 24 the Vietnam Service Medal with three bronze service stars, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); and c. adding to item 30 the entry "Vietnam – 29 November 1968 to 1 October 1969, Indochina-yes, Korea-no." _________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) AR20150005223 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005223 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1