IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150008780 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ____X____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150008780 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: * awarding him the Army Good Conduct Medal (1st Award) for the period 14 February 1966 through 6 February 1969 * deleting from his DD Form 214 the Vietnam Service Medal and adding: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Army Service Ribbon * Overseas Service Ribbon with Numeral 2 * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 2. The Board further determined 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 adding the: * NCO Professional Development Ribbon * Army of Occupation Medal * Republic of Vietnam Civil Actions Honor Medal, Second Class, Unit Citation * two overseas service bars ______________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. IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150008780 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) by adding the following awards: * two overseas service bars * Vietnam Civic Action Honor Medal, Second Class (i.e., Republic of Vietnam Civil Actions Honor Medal, Second Class, Unit Citation) * Noncommissioned Officer (NCO) Academy Ribbon (i.e., NCO Professional Development Ribbon) * Army Service Ribbon * Army Occupation Ribbon (i.e., Army of Occupation Medal) * Army Good Conduct Medal 2. The applicant states, in effect, he earned the above-mentioned awards and they are not currently reflected on his DD Form 214. 3. The applicant provides: * extract from DA Form 20 (Enlisted Qualification Record) * handwritten note regarding the 20th Engineer Brigade * DD Form 214 for the period ending 6 February 1969 * DA Form 1059 (Service School Academic Evaluation Report) for the period ending 25 August 1984 * DA Form 2496 (Disposition Form), dated 13 July 1984 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 14 February 1966. Following the completion of initial training, he was awarded military occupational specialty (MOS) 12B (Combat Engineer). 3. He served in the 58th Engineer Company, Fulda, Germany, from on or about 22 July 1966 to on or about 15 February 1968. He was given credit for completing a full overseas tour. 4. Special Orders (SO) Number 214, dated 13 October 1967, issued by the 14th Armored Cavalry, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 5. He accepted nonjudicial punishment (NJP) on three occasions (all three while stationed in Germany): * 3 November 1967 - for being disrespectful in language and deportment to a superior NCO; and for failing to obey the lawful order of an NCO not to go to the tool room * 18 December 1967 - for failing to go to his place of duty at the time prescribed * 1 February 1968 - for failing to obey the order of his commander not to possess alcoholic beverages in the billets 6. He served in Vietnam from on or about 7 April 1968 to on or about 5 February 1969. He was given credit for completing a full overseas tour. a. He has qualifying service for three 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) b. He was assigned to two units while in Vietnam: * Company D, 86th Engineer Battalion (Combat) from on or about 10 April 1968 to on or about 5 November 1968 * Company A, 86th Engineer Battalion (Combat) from on or about 6 November 1968 to on or about 2 February 1969 7. His available service record contains: a. DA Form 20 which shows, in item 38 (Record of Assignments), he received "excellent" for conduct and efficiency ratings during all periods of service from February 1966 to February 1969. There is no indication he was ever court-martialed during this period of service. b. General Orders (GO) Number 854, dated 29 August 1968, issued by Headquarters, 20th Engineer Brigade, awarded Company D, 86th Engineer Battalion the Commander's Unit Commendation for exceptionally meritorious conduct in connection with military operations against hostile forces from 2 April 1968 to 15 July 1968. 8. He was honorably released from active duty on 6 February 1969. His DD Form 214 shows he completed 2 years, 11 months, and 23 days of net active creditable service. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 9. After serving in the U.S. Army Reserve (USAR) and the U.S. Marine Corps Reserve, he enlisted in the USAR on 1 July 1983. He was honorably discharged from the USAR on 30 June 1986. 10. The applicant provides: a. A handwritten note which indicates the 20th Engineer Brigade was awarded a "Veitnam Civic Actions Honor Medal, 2nd Class" (sic, Republic of Vietnam Civil Actions Honor Medal, Second Class, Unit Citation) for action at the Cau Muong Chuoi Bridge. b. DA Form 1059 showing the applicant successfully completed Reserve Component NCO Education System, Basic NCO Course during the period 12 August 1984 through 25 August 1984. c. DA Form 2496, dated 13 July 1984, awarded the applicant the Army Service Ribbon. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. b. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status 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. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. c. The NCO Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981. It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses. d. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. e. The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location, which included Germany, Japan, Italy, and Korea. (1) To be awarded the Army of Occupation Medal with Germany Clasp, the Soldier's qualifying service must have occurred between 9 May 1945 and 5 May 1955. (2) The Army of Occupation Medal with Germany Clasp is also for authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990. f. The Commander's Unit Commendation is not listed as an authorized unit award. 2. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army (DA) message. a. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars. b. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. 3. Army Regulation 670-5 (Uniform Insignia - Male Personnel), in effect at the time, states overseas service bars may be worn on the Army Green uniform by Soldiers who served in Vietnam. One overseas service bar is authorized for each period of 6 months of active Federal service as a member of the U.S. Army in Vietnam subsequent to 1 July 1958. The regulation does not require overseas bars to be noted on the DD Form 214. 4. 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. 5. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures for the completion of the DD Form 214. Its purpose is to provide a documentary evidence of a period of military service. a. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), shows all decorations, service medals, campaign credits, and badges awarded or authorized. b. Item 25 (Education and Training Completed), shows service schools completed during the period covered by the DD Form 214. 6. DA Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows the following unit awards while the applicant was assigned: a. The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 22 October 1967 to 15 August 1969 awarded to the 86th Engineer Battalion by DAGO Number 43, dated 1970. b. The Meritorious Unit Commendation for the period 1 May 1967 to 31 July 1968 awarded to the 86th Engineer Battalion by DAGO Number 17, 1969. c. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974. d. With regard to unit awards for the 20th Engineer Brigade, DA PAM 672-3 shows the awards of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal, First Class, but only for the Headquarters and Headquarters Company. No subordinate units were listed. DISCUSSION: 1. The applicant requests amendment of his DD Form 214 for the period ending 6 February 1969 by adding the above-cited awards. a. Overseas service bars are not an award or decoration, but rather an item of uniform wear. As such, they are not normally entered on the DD Form 214. b. Both the Army Service Ribbon and the NCO Professional Development Ribbon became authorized awards after the period represented in his DD Form 214. However, the regulation allows the Army Service Ribbon to be retroactively awarded if the Soldier was in an active status on 1 August 1981. He was in an active USAR status at that time and, as such is authorized to have this award added to his DD Form 214. c. The Overseas Service Ribbon can also be retroactively awarded for all completed overseas tours. His available service record shows he completed two overseas tours (Germany and Vietnam) and is thus authorized to receive an Overseas Service Ribbon with the numeral "2." d. Army Regulation 600-8-22 also specifies the period of qualifying service for the Army of Occupation Medal. (1) Only qualified service in Germany was authorized this award, one of the countries to which the applicant was assigned. (2) For Germany, it was only authorized between 9 May 1945 and 5 May 1955, and, for service only in Berlin, during the period 9 May 1945 to 2 October 1990. While assigned to Germany, he did not serve in Berlin during the specified period. 2. With regard to the Army Good Conduct Medal, Army Regulation 672-5-1 normally required it to be awarded after each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940. For the first award only, however, the period of service could be less than 3 years but was required to be more than 1 year. The Soldier had to have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. a. He was administered NJP on three occasions, but they occurred in relatively close proximity of time, and all were given prior to his service in Vietnam. Despite the NJP, his conduct and efficiency for this period still was listed as "excellent." b. There is no indication of any other derogatory information and no record of ever being court-martialed. c. His service in Vietnam appears to have been without incident and he also received ratings of "excellent." d. Based on the foregoing, he appears to be eligible to be awarded the Army Good Conduct Medal (1st Award) for the period 14 February 1966 through 6 February 1969. 3. While his DD Form 214 lists his Vietnam Service Medal, none of the campaigns in which he participated are shown. It would be appropriate to correct this. 4. SO awarded him a Sharpshooter Marksmanship Qualification Badge with Rifle Bar. This award is not reflected on this DD Form 214. 5. The units to which he was assigned while in Vietnam received the following awards which are not reflected on this DD Form 214: * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 6. Although his available service record shows the Commander's Unit Commendation, this is not listed as an authorized award in Army Regulation 600-8-22, and as such, no further action would be required. It appears likely, however, the period addressed by this award (2 April 1968 to 15 July 1968) was incorporated into the Meritorious Unit Commendation, also awarded to this unit (1 May 1967 to 31 July 1968). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008780 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008780 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2