BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150016984 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: 13 April 2017 DOCKET NUMBER: AR20150016984 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 item 22c of his DD Form 214, ending 12 January 1973, the entry 22c, "0/0/20," and adding the entry "1/1/7" * adding to item 24 the below-listed awards: * Army Commendation Medal * Armed Forces Expeditionary Medal * Vietnam Service Medal with two bronze service stars * Korea Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Republic of Vietnam Gallantry Cross Unit Citation with Palm * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * two overseas service bars * deleting from item 30, "Vietnam-No, Indochina-No, Korea-Yes" and adding "Vietnam 15 May 1970 to 16 April 1971; Indochina-Yes, Korea-Yes" _____________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: 13 April 2017 DOCKET NUMBER: AR20150016984 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), ending 12 January 1973, to show his Vietnam service. 2. The applicant states, in effect, he served in Vietnam, but that service is not reflected. He notes, while in Vietnam, he was promoted to sergeant (SGT)/E-5, on 5 April 1971. 3. The applicant provides his 12 January 1973 DD Form 214, DA Form 20 (Enlisted Qualification Record), and DD Form 4 (Enlistment Contact – Armed Forces of the United States), dated 13 February 1970. 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 20 October 1967. While stationed at Fort Hood, TX, he was honorably discharged, so that he could immediately reenlist on 26 August 1968. 3. His DD Form 214 shows he completed 10 months and 7 days of net active creditable service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 4. He reenlisted in the RA on 27 August 1968. On 12 February 1970, while assigned to Germany, he was honorably discharged again so he could immediately reenlist; he volunteered for service in Vietnam. 5. His DD Form 214 indicates he completed 1 year, 5 months, and 16 days of net active creditable service. Item 24 states "NSD [National Defense Service Medal]." 6. On 13 February 1970, he again reenlisted in the RA. His available service record contains the following: a. DA Form 20: (1) Item 31 (Foreign Service) lists service in: * Germany, from on, or about, 2 April 1969 to on, or about, 17 March 1970 [from reenlistment on 13 February 1970 to departure from Germany on 17 March 1970 is 1 month and 5 days] * Vietnam, from on, or about, 15 May 1970 to on, or about, 16 April 1971 [11 months, and 1 day] * Korea, from on, or about, 20 July 1972 to on, or about, 19 August 1972 [31 days] (2) Item 38 (Record of Assignments): * in Vietnam, he was assigned to: * two units of the 3rd Battalion, 13th Field Artillery Regiment from on, or about 29 May to on, or about, 30 October 1970 * [with duty at] Headquarters and Headquarters Company and Band, Division Support Command, 25th Infantry Division from on, or about, 31 October to on, or about, 20 December 1970 * two units of the 27th Maintenance Battalion from on, or about 21 December 1970 to on, or about, 15 April 1971 b. General Orders (GO) Number 6657, dated 29 March 1971, issued by Headquarters, 1st Cavalry Division (Airmobile), awarded the applicant the Army Commendation Medal, from May 1970 to April 1971, based on meritorious service in connection with military operations against a hostile enemy force in the Republic of Vietnam. c. Special Orders (SO) Number 96, dated 6 April 1971, issued by Headquarters, 1st Cavalry Division (Airmobile), promoted him to the rank of SGT/E-5 effective 5 April 1971. d. SO Number 133, dated 14 July 1971, issued by Headquarters, 2nd Basic Combat Training Brigade, announced the award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), effective 21 June 1971. 7. On 12 January 1973, after returning from Korea to the continental United States (CONUS), he was honorably discharge due to hardship. His DD Form 214 shows he completed 2 years and 11 months of net active creditable service, with 5 years, 2 months, and 23 days of total active service. * Item 22c (Statement of Service – Foreign and/or Sea Service) shows, "KOREA," "0/0/20" [i.e. 20 days of foreign service] * Item 24 lists the National Defense Service Medal * Item 30 (Remarks) indicates, "VIETNAM-NO, INDOCHINA-NO, KOREA-YES" REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document was to provide the individual with documentary evidence of his or her military service. Chapter 2 of the regulation contained guidance on the preparation of the DD Form 214. a. Item 22c was to show the total active duty outside CONUS for the term of service covered by the DD Form 214, as well as the last overseas theater service was performed, e.g., USARPAC, followed by the years, months, and days served. b. Item 24 was to list all authorized awards or decorations (later clarified to mean for all periods of service). c. Item 30 was to show Indochina and Korea service on or after 5 August 1964, as well as inclusive dates of service for Vietnam. When the record indicated assignment to an organization in Laos, Thailand, or Vietnam, the entry would show "YES" for Indochina. The example given when the Soldier served in Vietnam was, "VIETNAM - 25 APR 70 THRU 28 MAY 71, INDOCHINA-YES, KOREA-NO." 2. AR 600-8-22 (Military Awards) provides: a. The 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. Qualifying service included attachment to or assignment for one or more days with an organization participating in or directly supporting military operations in Vietnam. A bronze service star is awarded for each campaign in which the Soldier has participated. Table B-1 (Campaigns, Service Requirements, and Inscriptions prescribed for Streamers) shows the approved campaigns for Vietnam, and includes the Sanctuary Counteroffensive (1 May to 30 June 1970), and the Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971). b. The Republic of Vietnam Campaign Medal with Device (1960) is awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam from 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. The Soldier must have qualified for the Vietnam Service Medal to be eligible for this award. c. The Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time frame. 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 Korea from 1 October 1966 to 30 June 1974. Service members who qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the Korea Defense Service Medal was subsequently authorized, are eligible for both the Armed Forces Expeditionary Medal and Korea Defense Service Medal. Award of the Korea Defense Service Medal under these circumstances is a one-time exception to policy to Title 10, U.S. Code. d. The Korea Defense Service Medal is authorized for award to members who have served on active duty in support of the defense of the Republic of Korea. The term of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense. Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units during the Vietnam era. It shows: a. The 3rd Battalion, 13th Field Artillery Regiment was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, from April 1966 through 21 August 1970, in DAGO Number 51, 1971. b. The Headquarters and Headquarters Company and Band, Division Support Command, 25th Infantry Division was awarded the Meritorious Unit Commendation in DAGO 50, 1971 for service performed 1 January to 5 December 1970. c. All U.S. Army units serving in Vietnam were awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm by DAGO Number 8, 1974. 4. AR 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in AR 670-1 or appropriate DA message. For Vietnam service, one overseas service bar was authorized for each 6-month interval of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. DISCUSSION: 1. The applicant requests correction of his DD Form 214, ending 12 January 1973, to show his service in Vietnam. a. Regarding his record of foreign service in item 22c of his DD Form 214, it currently only lists foreign service in Korea, showing 20 days. The evidence of record, however, indicates his Korea service was actually for 31 days. In addition, he not only served in Vietnam, his DD Form 214 should also reflect a portion of his service in Germany. Using the information from his DA Form 20, the following foreign service is indicated: * the period covered by this DD Form 214 is from 13 February 1970 to 12 January 1973 * at the start of this term of service, he was serving in Germany, and remained until he was sent to Vietnam, (1 month and 5 days) * he served in Vietnam from on or about 15 May 1970 to on or about 16 April 1971, a total of 11 months, and 1 day * service in Korea was from on, or about, 20 July 1972 to on, or about, 19 August 1972, for a total of 31 days * when added together, total foreign service becomes 1 year, 1 month, and 7 days b. In addition to the entry on his DA Form 20, the applicant received an Army Commendation Medal for his meritorious service in Vietnam, covering the period from May 1970 to April 1971. Given these items of evidence, it appears appropriate to presume his service in Vietnam was from 15 May 1970 to 16 April 1971, and to change the entry in item 30 from "VIETNAM-NO, INDOCHINA-NO, KOREA-YES" to "VIETNAM - 15 MAY 70 THRU 16 APR 71, INDOCHINA-YES, KOREA-YES." 2. The evidence of record also reflects his DD Form 214 is missing awards he was either awarded, or for which he is eligible. a. GO awarded him the Army Commendation Medal. b. His service in Vietnam qualifies him for the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960). c. The units to which he was assigned received unit awards, for which he is also eligible: * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Republic of Vietnam Gallantry Cross Unit Citation with Palm d. SO awarded him the Expert Marksmanship Qualification Badge for both the M-14 and M-16 rifles, respectively. e. He is authorized two overseas service bars and, while this is considered a part of his uniform and not an award, DD Form 214s of that era typically included them in item 24. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016984 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016984 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2