IN THE CASE OF: BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20150015333 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: 16 February 2017 DOCKET NUMBER: AR20150015333 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: * deleting from item 22c of the applicant's DD Form 214 the entries "USAREUR 2  6  13" and adding the entries "USARPAC 00  11  23 * adding to item 26 the 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 the entry "Service in Vietnam from 19640107 to 19641229" 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 to his DD Form 214 the Army Commendation Medal or listing his dates of service in Vietnam as 5 January 1964 to 6 January 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. IN THE CASE OF: BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20150015333 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: * service in Vietnam from 5 January 1964 to 6 January 1965 * Air Medal * Army Commendation Medal 2. The applicant states he served in Vietnam and was awarded the aforementioned awards. 3. The applicant provides: * DD Form 214 * Letter of Appreciation * Certificate for the Army Commendation Medal * Certificate for the Air Medal 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 26 July 1963 and held military occupational specialty 67A (Aircraft Maintenance Specialist). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam, U.S. Army Pacific (USARPAC), from 7 January 1964 to 29 December 1964. He was assigned to the 339th Transportation Company. 4. General Orders (GO) Number 678, issued by Headquarters, U.S. Army Support Command on 3 November 1964 awarded him the Air Medal for achievement from 11 May to 22 July 1964. He provided the accompanying award certificate. 5. Following departure from Vietnam, he was assigned to Flight Detachment 1199 in Brooklyn, NY, and then Headquarters Company, Fort Wadswoth, Staten Island, NY. 6. He was honorably released from active duty at Fort Hamilton, NY, on 25 July 1966. His DD Form 214 shows in: * Item 24c (Foreign and/or Sea Service), U.S. Army Europe (USAREUR), 2 years, 6 months, and 13 days * Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the Armed Forces Expeditionary Medal (Vietnam), Driver and Mechanic Badge with Crewman Chief Bar, Good Conduct Medal, National Defense Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Item 32 (Remarks) does not show his service in Indochina 7. He provides: a. A letter of appreciation issued by the Maintenance Officer of the 339th Transportation Company in Vietnam on 27 January 1965 commending the applicant on a job well done. b. A certificate, dated 2 March 1965, showing he was awarded the Army Commendation Medal for meritorious service with the U.S. Army Support Command, Vietnam, from 5 January 1964 to 6 January 1965. He did not provide the accompanying orders and his records do not contain orders confirming/announcing this award. 8. Item 41 (Awards and Decorations) of his DA Form 20 lists the Air Medal as well as those awards listed on his DD Form 214. However, it does not list the Army Commendation Medal as an authorized award. 9. On 10 January 1984, the applicant was issued a DD Form 215 (Correction to DD Form 214) that added the Air Medal. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) establishes 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, in effect at the time, contained guidance for preparation of the DD Form 214 and stated that item 22c shows 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 service was performed. 2. Army Regulation 600-8-22 (Military Awards) states: a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 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. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. 3. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with the 339th Transportation Company, this unit was awarded the Meritorious Unit Commendation for service from 1 October 1964 to 31 December 1965 by Department of the Army General Orders (DAGO) Number 3, dated 1967. 4. 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 and to Headquarters, USARV, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant contends he served in Vietnam from 5 January 1964 to 6 January 1965. His records, however, show he served in Vietnam from 7 January 1964 to 29 December 1964, a period of 11 months and 23 days. These dates are based on entries under the "Foreign Service" and "Record of Assignment" blocks of his DA Form 20. These dates appear to be more accurate and consistent than the dates he claims. 2. His foreign service is incorrectly calculated in item 22c of his DD Form 214 and the last major command is incorrectly listed as USAREUR instead of "USARPAC" for U.S Army – Pacific. His Vietnam service may also be listed in item 32 (Remarks) of his DD Form 214. 3. He served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 does not show it. 4. GO awarded him the Air Medal. He was issued a DD Form 215 that added this award. He was provided with a copy of this DD Form 215 by separate correspondence. 5. DAGO awarded his unit in Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service. His DD Form 214 does not show these awards. 6. He provides an Army Commendation Medal Certificate. The period shown on the certificate roughly corresponds to his period of service in Vietnam. Also of note is the letter of appreciation he received after departing Vietnam, which indicates his command in Vietnam had been more than satisfied with his performance. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015333 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015333 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2