BOARD DATE: 3 March 2016 DOCKET NUMBER: AR20150008598 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 foreign service in Vietnam from 2 May 1963 to 24 April 1964, the Overseas Service Ribbon and Vietnam Campaign Medal with Device (1960). 2. The applicant states none of the above requested items are shown on his DD Form 214. 3. The applicant provides: * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * DD Form 47 (Induction Record) 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 31 October 1962 and he held military occupational specialty 72B (Communications Center Specialist). Following completion of training, he served in: a. Vietnam, U.S. Army Pacific (USARPAC), from 2 May 1963 to 24 April 1964. He was assigned to Headquarters and Headquarters Detachment (HHD), 39th Signal Battalion, from 4 May to 27 December 1963, and the 232nd Signal Battalion, from 27 December 1963 to 23 April 1964. b. Germany, U.S. Army Europe (USAREUR), from 6 May 1965 to 20 October 1965. He was assigned to Battery C, 3rd Battalion, 84th Artillery. 3. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 26 October 1965. He completed 2 years, 11 months, and 26 days of creditable active service with no lost time. His DD Form 214 shows in: * item 24c (Foreign and/or Sea Service) - 2 years, 5 months, and 18 days with the last major overseas command as USAREUR * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Armed Forces Expeditionary Medal * item 32 (Remarks) no entry indicating he served in Vietnam 4. His records do not contain orders awarding him the Army Good Conduct Medal. However, his records show: a. On 12 August 1965, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for failing to obey a lawful order. Aside from that, there is no derogatory information in his file that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). b. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his period of service, except for an "unknown" conduct and efficiency rating while at Fort Sill, OK, from 1 to 29 June 1964. 5. Army Regulation 672-5-1 (Decorations and 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 the 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. 6. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 24c shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., USAREUR or USARPAC. 7. Army Regulation 600-8-22 (Military Awards) provides for the following awards/decorations: a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 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. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all active duty Soldiers are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. 8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service in Vietnam with the 232nd Signal Company, the unit was awarded the Meritorious Unit Commendation for service from 1 February 1962 to 30 June 1965 by Department of the Army General Orders (DAGO) Number 3, dated 1966. 9. 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 * Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 DISCUSSION AND CONCLUSIONS: 1. With respect to his foreign service: a. The applicant served in Vietnam (USARPAC) from 2 May 1963 to 24 April 1964, a period of 11 months and 22 days. He also served in Germany (USAREUR) from 6 May 1965 to 20 October 1965, a period of 5 months and 14 days. His total foreign service was 1 year, 6 months, and 8 days. His total foreign service is erroneously listed as 2 years, 5 months, and 18 days, albeit with the correct major overseas command he last served in – USAREUR. b. At the time of his service, the regulation governing the preparation of the DD Form 214 did not require an entry for Vietnam service. Subsequent versions of the regulation did. There is no harm to the Army or the Soldier if his Vietnam service is listed separately in the remarks block of his DD Form 214. 2. Based on his service/foreign service, he qualifies for some awards: a. He served a qualifying period of service for award of the National Defense Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). None of these awards are listed on his DD Form 214. b. General orders awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment to that unit. Both unit awards are not listed on his DD Form 214. c. He served from 31 October 1962 through 26 October 1965, a period of nearly 3 years. He attained the rank/grade of SP4/E-4. Aside from the minor NJP he received in 1965, there is no other derogatory information that would have disqualified him from receiving the Army Good Conduct Medal. He also received "excellent" conduct and efficiency ratings throughout most of his period of service. It appears he met the criteria for award of the Army Good Conduct Medal (1st Award). d. Although he completed a normal overseas tour before 1 August 1981, he did not have an active status on or after 1 August 1981. He does not meet the criteria for award of the Overseas Service Ribbon 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: * deleting from item 24c the entry "2-5-18" and adding "1-6-8" * awarding him the Army Good Conduct Medal (1st Award) for the period 31 October 1962 through 26 October 1965 * adding to item 26 the National Defense Service Medal, Army Good Conduct Medal (1st Award), Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation * adding to item 32 "Service in Vietnam 2 May 1963 to 24 April 1964" 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 award of the Overseas Service Ribbon. _______ _ 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) AR20150008598 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008598 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1