BOARD DATE: 18 February 2016 DOCKET NUMBER: AR20150009163 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 1962 to 1963, and any associated medals/campaigns, including the Vietnam Campaign Medal, Vietnam Service Medal, Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge * His foreign service in Santo Domingo, Dominican Republic, in 1964, and any medals or campaigns 2. The applicant states there is no record mentioned of his Vietnam and/or Dominican Republic service on his DD Form 214. He was denied a car license plate with the Vietnam Medal because of the omissions on his DD Form 214. 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Letter from the Missouri Department of Motor Vehicles 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 in Kansas City, MO. He was trained in and held military occupational specialty 32E (Fixed Plant Carrier Repairman). 3. He served in Vietnam from 18 August 1963 to 6 August 1964. He was assigned to the 362nd Signal Company. 4. Special Orders Number 158, issued by 11th Signal Group at Fort Lewis, WA on 6 October 1964, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 5. His service record contains a DA Form 2496-1 (Disposition Form) that states he departed the 50th Signal Company, 11th Signal Group, Fort Lewis on 10 June 1965 per Letter Orders 234, issued by Headquarters, U.S. Army Strategic Communications Command, dated 9 June 1965. He remained in the Dominican Republic in excess of 30 days and returned on 16 August 1965. 6. He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 29 October 1965. He completed 2 years, 11 months, and 29 days of creditable active service with no lost time. His DD Form 214 shows in: * Item 19c (Date of Entry) - 31 October 1965 * Item 22c (Foreign and/or Sea Service) - 11 months and 19 days of foreign service in the U.S. Army Pacific Command (USARPAC). * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - None listed * Item 30 (Remarks) does not show he served in Vietnam or the Dominican Republic 7. On 25 May 1966, he was issued a DD Form 215 that corrected item 19c to show his date of entry as 31 October 1962 vice 31 October 1965. 8. His records do not contain orders awarding him the Army Good Conduct Medal. However, his records show: a. In January 1965, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice for appearing in public in an improper uniform. 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 a "good" efficiency rating in January 1963, during training. 9. 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. 10. 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 Vietnam Service Medal is awarded 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. c. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the Vietnam Advisory Campaign (15 March 1962-7 March 1965). This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. d. 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. e. The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. Qualifying service for this award includes participation in the Dominican Republic from 28 April 1965 to 21 September 1966. 11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service in Vietnam with the 362nd 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 Number 3, dated 1966. 12. Department of the Army General Orders 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 from 18 August 1963 to 6 August 1964, a period of 11 months and 19 days. He also served in the Dominican Republic from 10 June 1965 to 16 August 1965, a period of 2 months and 6 days. His total foreign service would have been 1 year, 1 month, and 25 days. b. The regulation governing the preparation of the DD Form 214 in effect at the time of his service 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 and Dominican Republic service is listed in the Remarks block of his DD Form 214. 2. With respect to the awards and decorations: a. Qualifying service for award of the Armed Forces Expeditionary Medal includes participation in the Dominican Republic from 28 April 1965 to 21 September 1966. He did not serve in the Dominican Republic during this period. b. He served a qualifying period of service for award of the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Campaign Medal with "1960" Device. None of these awards are listed on his DD Form 214. c. Special Orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). This badge is not listed on his DD Form 214. d. 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. e. He served from 31 October 1962 through 29 October 1965, a period of nearly 3 years. He attained the rank/grade of SP5/E-5. 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 (he received a "good" efficiency rating while in school). It appears he met the criteria for award of the Army Good Conduct Medal (1st Award). 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: * deleting from item 24c the entry "00-11-19" and adding "01-01-25" * awarding him the Army Good Conduct Medal (1st Award) for the period 31 October 1962 through 29 October 1965 * adding to item 24 the National Defense Service Medal, Army Good Conduct Medal (1st Award), Republic of Vietnam Campaign Medal with "1960" Device, Vietnam Service Medal with a bronze service star, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * adding to item 30 "Service in Vietnam 18 August 1963 to 6 August 1964" and "Service in the Dominican Republic 10 June 1965 to 16 August 1965" _______ _ _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) AR20150009163 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150009163 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1