IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150005823 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 the following awards: * Vietnam Service Medal with the appropriate number of bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Good Conduct Medal * any authorized unit awards for service with the 25th Infantry Division 2. The applicant states the above-mentioned awards are missing from his DD Form 214 and should be added. He served his country honorably. 3. The applicant provides a copy of his DD Form 214 for the period ending 24 December 1970. 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 29 December 1967. 3. He was honorably released from active duty on 24 December 1970. His DD Form 214 shows he completed 2 years, 11 months, and 26 days of net active creditable service. He was authorized or awarded: * National Defense Service Medal * two overseas service bars 4. His available service record contains a DA Form 20 (Enlisted Qualification Record). It contains the following entries: a. Item 31 (Foreign Service) shows he served in Vietnam from on or about 28 May 1968 to on or about 27 May 1969. His tour in Vietnam reflects he has qualifying service for four campaigns: * Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968) * Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969) * Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969) b. Item 38 (Record of Assignments) indicates: (1) He received ratings of "excellent" for conduct and efficiency throughout his term of service. (2) While in Vietnam, he was assigned to Company C, 65th Engineer Battalion, 25th Infantry Division from on or about 6 June 1968 to on or about 22 May 1969. 5. His service record also contains the following orders: a. Special Orders (SO) Number 120, dated 29 April 1968, issued by U.S. Army Training Center and Fort Leonard Wood, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). b. SO Number 122, dated 1 May 1968, issued by U.S. Army Training Center and Fort Leonard Wood, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). c. General Orders (GO) Number 4780, dated 4 April 1969, issued by Headquarters, 25th Infantry Division, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force during the period May 1968 to May 1969. 6. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. It states: a. The Vietnam Service Medal 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. b. The Republic of Vietnam 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. c. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 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 Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. Company C, 65th Engineer Battalion, 25th Infantry Division was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 13 March 1966 to 21 January 1970 by Department of the Army General Order (DAGO) Number 51, 1971. b. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974. DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant the Army Commendation Medal. Additionally, SO awarded him the two Marksmanship Qualification Badges listed below. His DD Form 214 for the period ending 24 December 1970 does not reflect these awards. * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 2. His records support that he served in Vietnam and is eligible for the awards of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). He also has qualifying service to be awarded four bronze service stars with the Vietnam Service Medal for his participation in campaigns. Neither of these awards are listed on his DD Form 214. 3. It also appears his term of service met the criteria for award of the Army Good Conduct Medal (1st Award) during the period 29 December 1967 through 24 December 1970. 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. While assigned to Company C, 65th Engineer Battalion, 25th Infantry Division, his unit received two unit awards which are not reflected on his DD Form 214: * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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: a. Awarding him the Army Good Conduct Medal (1st Award) for the period 29 December 1967 through 24 December 1970. b. Adding to his DD Form 214 the following awards: * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) _______ _ _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) AR20150005823 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005823 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1