IN THE CASE OF: BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20150013297 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: 8 September 2016 DOCKET NUMBER: AR20150013297 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 3 March 1964 through 2 March 1967; b. adding award of the 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 to his DD Form 214; and c. adding the entry "Vietnam Service: 9 June 1965 to 2 June 1966" to item 30 of his DD Form 214. 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 award of the Vietnam Service Medal or Combat Medical Badge. _____________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: 8 September 2016 DOCKET NUMBER: AR20150013297 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: a. his dates of service in Vietnam and b. award of the Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal with Device (1960), and Combat Medical Badge (CMB). 2. The applicant states his DD Form 214 does not show his time spent in Vietnam. 3. The applicant provides: * DD Form 214 * photographs of him taken in Vietnam 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 3 March 1964 for a period of 3 years. 3. His DA Form 20 (Enlisted Qualification Record) shows: * he served in Vietnam from 9 June 1965 to 2 June 1966 * he served in military occupational specialty 91B (medical specialist) while assigned to the 8th Field Hospital from 14 July 1965 to 1 June 1966 * he received all "excellent" conduct and efficiency ratings throughout his service 4. On 2 March 1967, he was honorably released from active duty in the temporary rank of specialist five after completing 3 years of creditable active service. His DD Form 214 shows he was awarded or authorized the: * Armed Forces Expeditionary Medal (AFEM) (for his service in Vietnam) * National Defense Service Medal 5. His DD Form 214 also shows: * in item 22c (Foreign and/or Sea Service), his foreign service as 11 months and 24 days under the command of U.S. Army Pacific * in item 30 (Remarks), no service in Vietnam 6. There are no orders for the CMB in the available records. 7. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal (AGCM). There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The VSM 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. b. The AFEM is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. It states individuals qualified for the AFEM for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, the VSM may be awarded in lieu of the AFEM, but the regulation requires removal of the AFEM from the records of the individual. No person will be entitled to both awards for Vietnam service. c. 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. d. The CMB is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental, or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat. 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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, 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. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 8th Field Hospital was awarded the Meritorious Unit Commendation for meritorious conduct during the period January-July 1965 by Department of the Army General Orders Number 31, dated 1967. 4. 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 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 5. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. This instructions stated the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. Later versions of this regulation required an entry in the remarks block listing the inclusive dates of service in Vietnam performed on or after 5 August 1964. DISCUSSION: 1. The applicant's DA Form 20 shows he served in Vietnam from 9 June 1965 to 1 June 1966. Item 30 of his DD Form 214 does not show his inclusive dates of service in Vietnam. 2. His request for award of the VSM was noted. However, he was awarded the AFEM for his service in Vietnam. Upon request, the VSM may be awarded in lieu of the AFEM, but the regulation requires removal of the AFEM from the records of the individual. No person will be entitled to both awards for Vietnam service. 3. Based on his service in Vietnam, he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 does not show this medal. 4. His request for award of the CMB was noted. However, he has not provided any evidence showing he participated in ground combat with an infantry unit. Although the evidence of record shows he held a medical specialty, there is no evidence of record showing he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size while that unit was engaged in active ground combat in Vietnam. 5. He was honorably released from active duty in the temporary rank of specialist five with 3 years of total active service and no lost time. He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification. It appears he met the eligibility criteria for the AGCM (1st Award) for the period 3 March 1964 through 2 March 1967 based on completion of 3 years of continuous enlisted active Federal military service. 6. His Vietnam unit was awarded the Meritorious Unit Commendation. His DD Form 214 does not show this unit award. 7. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period. His DD Form 214 does not show this unit award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013297 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013297 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2