IN THE CASE OF: BOARD DATE: 16 February 2017 DOCKET NUMBER: AR20150015741 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: AR20150015741 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 his DD Form 214 the Vietnam Service Medal and adding to his DD Form 214: * Vietnam Service Medal with three bronze service stars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 Basic Explosive Ordnance Disposal Badge and a second award of the Meritorious Unit Commendation to his DD Form 214. ___________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: AR20150015741 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: * Basic Explosive Ordnance Disposal (EOD) Badge * Marksman Marksmanship Qualification Badge with Rifle Bar * three bronze service stars to be affixed to his Vietnam Service Medal * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The applicant states his DD Form 214 does not accurately reflect his awards. 3. The applicant provides: * DD Form 214 * Department of the Army Pamphlet (DA Pamphlet 672-3 (Unit Citations and Campaign Participation Credit)) * Certificate of Basic EOD Course graduation * DA Form 20 (Enlisted Qualification Record) 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 was inducted into the Army of the United States on 12 April 1967. He completed basic combat training. Special Orders (SO) Number 154, issued by Headquarters, U.S. Army Training Center, Fort Knox, on 3 June 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 3. He also completed the 2-week Phase 1 Explosive Ordnance Disposal Course (Surface) on 18 August 1967. 4. He completed the 11-week EOD Course at the U.S. Army Missile and Munitions Center and School, Indian Head, MD, on or about 19 November 1967. He was awarded military occupational specialty 55D (EOD Specialist). 5. Following completion of MOS training, he was assigned to the 55th Ordnance Detachment at Camp Drum, NY, from on or about 28 December 1967 to on or about 15 June 1968. 6. He served in Vietnam – U.S. Army Pacific (USARPAC) from on or about 28 July 1968 to on or about 4 April 1969. He was assigned as follows: * 30 July 1968 to 5 August 1968, 5th Logistical Maintenance Company, U.S. Army Support Command – Saigon * 6 August 1968 to 13 January 1969, 3rd Ordnance Company (Ammunition) * 14 January 1969 to 3 April 1969, 170th Ordnance Detachment (EOD) 7. On 16 January 1969, Headquarters, 1st Logistical Command, Vietnam, published orders authorizing the applicant hazardous duty (demolition) effective 6 January 1969. 8. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 5 April 1969. He was awarded/authorized the following awards: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Good Conduct Medal REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides for award of the Explosive Ordnance Disposal (EOD) Badges. The three types of EOD badges authorized are the Basic, Senior, and Master. Paragraph 8-22 provides the criteria for award of the Basic award. Any commissioned officer or enlisted Soldier may be awarded the EOD Basic Badge if they meet, or have met, all the following requirements: * successful completion of conventional render safe qualification as prescribed for the EOD course of instruction (minimum requirement) * assigned in a Table of Organization and Equipment (TOE) or Table of Distribution and Allowances (TDA) EOD position for which the basic EOD course is a prerequisite * service in a position in the TOE or TDA EOD position must be satisfactory for a period of 18 months for the award to be permanent 2. Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for three campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. * Vietnam Counteroffensive Phase V, 1 July-1 November 1968 * Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969 * Tet 69/Counteroffensive, 23 February-8 June 1969 3. Department of the Army General Orders (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, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 4. DA Pamphlet 672-3 shows during his service with the 170th Ordnance Detachment (EOD) from January to April 1969, this unit was cited for the Meritorious Unit Commendation from 1 January 1969 to 31 December 1969 by DAGO Number 2, dated 1971. (This unit was previously awarded the Meritorious Unit Commendation for service from 1 January 1967 to 30 June 1968 by DAGO Number 72, dated 1968.) DISCUSSION: 1. The applicant's service record does not contain orders and he provides none to show he was awarded the EOD Badge (Basic). Although he completed EOD training and was assigned to an EOD position in January 1968, he would have required 18 months of satisfactory service in that position for permanent award of the basic badge. It appears he does not meet the regulatory criteria. 2. SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). This badge is not shown on his DD Form 214. 3. He was awarded the Vietnam Service Medal and participated in three campaigns during his service in Vietnam. He is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 4. Although his unit in Vietnam (170th EOD) was awarded two awards of the Meritorious Unit Commendation, he was assigned to that unit and present during a qualifying period for only one award. 5. His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. It is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015741 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015741 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2