IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150005333 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 the Republic of Vietnam (RVN). (On 11 December 2015, the applicant was contacted to determine if he wanted his request to include correction of his DD Form 214 to show all of his authorized awards. The applicant concurred with correcting his DD Form 214 to add all of his authorized awards.) 2. The applicant states that he served in the RVN and was assigned to the 1st Squadron, 11th Armored Cavalry, from 8 June 1967 through 2 July 1968. 3. The applicant provides copies of his DA Form 20 (Enlisted Qualification Record), pages 1, 3, and 4; a certificate; one page with five (5) photographs; and his 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 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's military record is not available to the Board for review. However, the applicant's DA Form 20, DD Form 214, and available RVN-era databases are sufficient for the Board to conduct a fair and impartial review of this case. 3. The three pages of the applicant's DA Form 20 show, in pertinent part, in: * item 11 (Enlisted, Inducted, Reenlisted, Extended, and/or Ordered to Active Duty): Army of the United States, 16 September 1966, 2 years * item 28 (Specialized Training): Vietnam Orientation, 27 & 28 May 1967 * item 29 (Qualification in Arms) – * Rifle (M-14), Sharpshooter, 24 October 1966 * Rifle (M-16), Sharpshooter, 6 May 1967 * item 38 (Record of Assignments) – * casual, enroute to Vietnam, on 6 June 1967 * Headquarters and Headquarters Troop (HHT), 1st Squadron, 11th Armored Cavalry Regiment (ACR), U.S. Army Pacific (USARPAC), from 16 July 1967 through 12 April 1968 * Company D, 1st Squadron, 11th ACR, USARPAC, from 13 April 1968 through 6 July 1968 * casual, enroute [to the continental United States (CONUS)], effective 7 July 1968 * all "excellent" conduct and efficiency ratings throughout his military service, except for one "unknown" efficiency rating * item 39 (Campaigns): Vietnam Counteroffensive, Phase III * item 40 (Wounds), is blank (no entries) * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal * 2 Overseas Service Bars * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar (U.S. Army Missile and Munitions Center and School (USAMMCS), Special Order (SO) Number 100) * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar (USAMMCS, SO Number 2##) * item 42 (Remarks), is blank (no entries) * item 44 (Time Lost Under Section 972, Title 10, U.S. Code) is blank (no entry) 4. The certificate the applicant provides shows the Honor of Knight First Class was awarded to him on 30 June 1968 for honorable and faithful service with the 1st Squadron, 11th ACR, at Long Giao, RVN. 5. The page of photographs he provides shows, in pertinent part, an individual (presumably the applicant) in a U.S. Army fatigue uniform, with a machinegun and also a rifle. It also shows a copy of a Military Payment Certificate (5 Cents). 6. The applicant's DD Form 214 shows he was inducted into the U.S. Army on 16 September 1966, honorably released from active duty on 10 July 1968, and transferred to the U.S. Army Reserve Control Group (Annual Training). He had completed 1 year, 9 months, and 25 days of total active duty service this period that included 11 months and 29 days of foreign service. It also shows in: * item 5a (Grade, Rate or Rank)/item 5b (Grade): Specialist Five (SP5)/E-5 * item 6 (Date of Rank): 10 February 1968 * item 12 (Last Duty Assignment and Major Command): Company D, 1st Squadron, 11th ACR, USARPAC * item 23a (Specialty Number and Title): 94B2O, Cook * item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar * item 26a (Non-Pay Periods/Time Lost): None * item 30 (Remarks), no entry pertaining to service in RVN 7. A request for review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to return any award orders pertaining to the applicant. 8. The applicant's available military personnel records fail to reveal evidence that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). a. There is no evidence of any disciplinary actions or adverse information. b. Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service, except for one "unknown" rating. 9. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" that were rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. 10. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. b. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns: * Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) c. The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows that during the applicant's period of assignment to the: * 1st Squadron, 11th ACR, the unit was cited for award of the Presidential Unit Citation for the period 11 May 1968 to 2 June 1968 in Department of the Army General Orders (DAGO) Number 45, 1969 * 11th ACR, the unit was cited for award of the – * Valorous Unit Award for the period 31 January 1968 to 5 February 1968 in DAGO Number 12 (1969), as amended by DAGO Number 28, 1969 * RVN Gallantry Cross with Palm Unit Citation for the period 7 September 1966 to 10 August 1968 in DAGO Number 60, 1969 12. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It established standardized policy for preparing and distributing the DD Form 214. It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation. a. The instructions for item 24 show, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein. b. During the Vietnam-era, a regulatory provision was introduced pertaining to the remarks section of the DD Form 214 that provided for entering inclusive dates of service in Vietnam during the current period of service. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show his service in the RVN and all of his authorized awards. 2. The evidence of record shows the applicant was credited with 11 months and 29 days of foreign service in the RVN (USARPAC). a. He departed his unit in CONUS (apparently with leave enroute to the RVN) on 6 June 1967; he was assigned to HHT, 1st Squadron, 11th ACR on 16 July 1967; and he departed the RVN enroute to CONUS on 7 July 1968. b. The applicant contends he served in the RVN from 8 June 1967 through 2 July 1968. c. A calculation to attempt to determine the actual period of the applicant's foreign service shows the following: 1968 07 08 date returned to CONUS (departed RVN on 7 July 1968) - 00 11 29 total foreign service = 1967 07 09 date departed CONUS enroute to RVN 1968 07 07 date departed RVN - 1967 07 09 date departed CONUS = 11 28 + 1 day inclusive = 11 29 total foreign service d. The above calculation supports a period of foreign service from 9 July 1967 to 8 July 1968. 3. The evidence of record shows: a. the applicant qualified for award of the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar; b. the applicant qualified for award of the VSM, he participated in four campaigns during his service in Vietnam, and he is authorized four bronze service stars for wear on his already-awarded VSM; c. general orders awarded the applicant's unit the: * Presidential Unit Citation * Valorous Unit Award * RVN Gallantry Cross with Palm Unit Citation 4. The applicant served a period of continuous, honorable active duty enlisted service from 16 September 1966 through 10 July 1968 a. He was promoted to SP5 (E-5) with less than 17 months of active duty service. b. He received all "excellent" conduct and efficiency ratings throughout his military service, except for one "unknown" efficiency rating, which is not disqualifying. c. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. d. Based on the evidence of record, the applicant's service satisfies the criteria for award of the AGCM. 5. In view of the foregoing, it would be appropriate to correct his DD Form 214 to show his awards and decorations, as recommended below. 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 16 September 1966 through 10 July 1968 (Standard Name Line: SP5, Company D, 1st Squadron, 11th Armored Cavalry Regiment, U.S. Army Pacific); b. adding the following awards to item 24 of his DD Form 214 – * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 4 Bronze Service Stars * Republic of Vietnam Campaign Medal with Device (1960) * Presidential Unit Citation * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar c. adding to item 30 of his DD Form 214 the entry "Vietnam Service: 9 July 1967 to 8 July 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 foreign service from 8 June 1967 to 2 July 1968. _______ _ 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) AR20150005333 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005333 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1