BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150011802 BOARD VOTE: ____x_____ ___x____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150011802 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 his DD Form 214 covering the period 10 May 1966 through 7 February 1968 the Vietnam Service Medal (one entry only) and adding Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation * deleting from his DD Form 214 covering the period 8 February 1968 through 13 September 1971 the entry "GSMDL" and adding the Korea Defense Service Medal and Army Good Conduct Medal (1st Award) ____________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. BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150011802 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 Vietnam Campaign Medal. 2. The applicant states the Vietnam Campaign Medal needs to be added to his DD Form 214. The Vietnam Service Medal was added twice to his DD Form 214 in error. 3. The applicant provides his DD Form 214 for the period ending 7 February 1968. 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 (RA) on 10 May 1966. He served in Vietnam from November 1966 to November 1967; the specific unit he was assigned to during his service in Vietnam is not known. 3. In January 1968, he was assigned to the 5th Battalion (BN), 81st Artillery Regiment, Germany. On 7 February 1968, he was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 he was issued for this period of service shows the: * Parachutist Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * National Defense Service Medal * Vietnam Service Medal * Vietnam Service Medal * Combat Medical Badge 4. On 8 February 1968, he reenlisted in the RA. His DA Form 20 (Enlisted Qualification Record) shows it was a reconstructed temporary record and that he served in Germany from January 1968 to February 1969. 5. In August 1970, he was assigned to the Augmentee Detachment, Headquarters (HQ), I Corps (Group), Korea. 6. General Orders (GO) Number 30, dated 12 February 1971, issued by HQ, I Corps, awarded him the Army Good Conduct Medal (1st Award). 7. He was subsequently assigned to the 51st Signal BN, Korea. On or about 12 September 1971, he departed Korea. 8. He was honorably released from active duty on 13 September 1971 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued for this period of service shows he was separated on temporary records. This DD Form 214 also shows the: * National Defense Service Medal * Armed Forces Expeditionary Medal * GSMDL (German Service Medal, as shown in item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record)) * Vietnam Service Medal * Bronze Star REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the: a. 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. Only one award of the Vietnam Service Medal is authorized. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of the applicant's record shows that during his service in Vietnam from November 1966 to November 1967 he participated in two campaigns. b. Vietnam Campaign Medal 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. Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 2. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to HQ, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973. DISCUSSION: 1. The applicant served two periods of active duty and received a separate DD Form 214 for each period. Both of these forms contain administrative errors that require correction. 2. His first DD Form 214 covering the period 10 May 1966 through 7 February 1968: a. The evidence of record confirms he served in Vietnam during a qualifying period for award of the Vietnam Campaign Medal. It appears his first DD Form 214, ending on 7 February 1968, inadvertently listed the Vietnam Service Medal twice instead of listing the Vietnam Service Medal and Vietnam Campaign Medal. The Vietnam Campaign Medal should have been the appropriate award. b. His record confirms he participated in two campaigns during his Vietnam service. He is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal and the listing of these service stars on his DD Form 214. c. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam. His DD Form 214 does not show this award. 3. His second DD Form 214 covering the period 8 February 1968 through 13 September 1971: a. He served in Korea during a qualifying period of service for award of the Korea Defense Service Medal. His DD Form 214 ending on 13 September 1971 does not list this award. b. GO awarded him the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214, ending on 13 September 1971. Instead, the entry is shown as "GSMDL." This entry was taken from his DA Form 20, which lists this award as the German Service Medal. There is no such award. It should have been "GCMDL" (Good Conduct Medal). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011802 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011802 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2