IN THE CASE OF: BOARD DATE: 8 March 2016 DOCKET NUMBER: AR20150008191 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 1974 DD Form 214 (Report of Separation from Active Duty) to list all of his awards. 2. The applicant states his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the Bronze Star Medal, Army Commendation Medal and Armed Forces Expeditionary Medal. 3. The applicant provides copies of his DD Forms 214 and DA Form 20. 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 and entered active duty on 17 October 1967. He completed training as a company clerk and served in Korea from 1 April 1968 until 9 October 1968. On 1 October 1968, he was discharged to reenlist. 3. His DD Form 214 for that period of service listed his awards as the – * National Defense Service Medal * Armed Forces Expeditionary Medal * Marksman Marksmanship Qualification Badge with Rifle Bar 4. His DA Form 20 shows in: a. item 38 (Record of Assignments), includes service in Vietnam – * 1 December to 20 December 1968 with 101st Admin Company, 101st Air Cavalry Division * 21 December 1968 to 20 September 1969 with Headquarters and Headquarters Company, 2nd Brigade, 101st Airborne Division * 21 September 1969 to 10 June 1970 with 101st Admin Company, 101st Airborne Division b. item 39 (Campaigns) – service in five designated campaign periods. c. item 41 (Awards and Decorations) – * National Defense Service Medal * Armed Forces Expeditionary Medal * Vietnam Service Medal * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Four Overseas Service Bars * Army Commendation Medal * Bronze Star Medal * Good Conduct Medal (1st Award 10 October 1970) * Marksman Marksmanship Qualification Badge with Rifle Bar 5. The applicant’s Official Military Personnel File (OMPF) contains award orders for the Bronze Star Medal, Army Commendation Medal and the Army Good Conduct Medal for the period through 10 October 1970. 6. The applicant was honorably separated as a specialist four (E-4) on 2 October 1974 because he had insufficient obligated service remaining for transfer to be economically feasible. His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Campaign Medal with Device (1960), Vietnam Service Medal and the Army Good Conduct Medal. 7. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the – * 101st Administration Company was awarded the Meritorious Unit Citation for the period 1 November 1968 through 30 April 1969 by Department of the Army (DA) General Order (GO) Number 39 of 1970 * Headquarters and Headquarters Company 2nd Brigade, 101st Airborne Division was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 15 August 1968 through 14 May 1969 by DAGO Number 43 of 1970 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48 of 1971 8. Army Regulation 600-8-22 (Military Awards) states 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. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star is worn in lieu of five bronze service stars. 9. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) identifies the Overseas Service Bar as a uniform insignia and not an award. 10. Army Regulation 635-5 (Separation Documents) provides the requirements and guidance for preparation of the DD Form 214. At that time, the guidance for item 26 (Decorations, Medals, etc.) called for listing awards for all periods of military service. Awards were to be listed in order of precedence and abbreviations were not authorized. DISCUSSION AND CONCLUSIONS: 1. The applicant requests that his last DD Form 214 list all his authorized awards. 2. The governing regulation, Army Regulation 635-5, as then in effect, required the entry of awards from all periods of military service. Awards were to be listed in order of precedence and abbreviations were not authorized. 3. The applicant’s DA Form 20 showing his Vietnam units of assignment, indicates that he served during five designated campaign periods and lists his authorized awards as – * National Defense Service Medal * Armed Forces Expeditionary Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * Four Overseas Service Bars * Army Commendation Medal * Bronze Star Medal * Good Conduct Medal (1st Award 10 October 1970) * Marksman Marksmanship Qualification Badge with Rifle Bar 4. The award of the Bronze Star Medal, Army Commendation Medal and Army Good Conduct Medal are confirmed by orders in his OMPF. The Armed Forces Expeditionary Medal is shown on his first DD Form 214. 5. Overseas Service Bars are uniform insignia not awards; as such they are not listed on the DD Form 214. 6. The applicant is authorized the Meritorious Unit Citation, RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation. They are not listed on the DA Form 20. 7. In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below. 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. Deleting the awards currently shown in item 26 of his 1974 DD Form 214; and b. showing that his awards consist of the – * Bronze Star Medal * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Expeditionary Medal * Vietnam Service Medal with one silver service star * Meritorious Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar ___________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) AR20150008191 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008191 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1