BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20160000495 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 BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20160000495 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: * awarding the applicant the Army Good Conduct Medal for service during the period 16 January 1967 through 7 January 1969 * deleting the Vietnam Service Medal * adding to item 24 of the applicant's DD Form 214: * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal with two bronze service stars 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 the Republic of Vietnam Campaign Medal with Device (1960). ______________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: 4 May 2017 DOCKET NUMBER: AR20160000495 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: * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * 2 bronze service stars affixed to his Vietnam Service Medal 2. The applicant states he believes the errors were simply caused by an oversight by the personnel who processed his DD Form 214 at Fort Lewis, WA at the time. He served in Vietnam from 27 July 1968 to 8 January 1969. 3. The applicant provides his DD Form 214 and 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 16 January 1967. He completed basic combat and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist). 3. He served in Vietnam from on or about 27 July 1968 to on or about 2 January 1969, completing nearly 5 months and 11 days of foreign-service. He was assigned to the 5th Battalion, 4th Artillery Regiment, 5th Infantry Division. 4. He was honorably released from active duty as an overseas returnee in the rank/grade of specialist four (SP4)/E-4 on 7 January 1969. His DD Form 214 shows in: * Item 22 (Statement of Service), he completed 1 year, 11 months, and 22 days of active service * Item 22c (Foreign and/or Sea Service), he completed 5 months and 11 days in the U.S. Army Pacific Command * Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the National Defense Service Medal and Vietnam Service Medal 5. Item 29 (Qualification in Arms) of the applicant's DA Form 20 shows he qualified expert with the M-16 rifle on an unknown date. 6. Item 38 (Record of Service) of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. 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. b. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below 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. He participated in the Vietnam Counteroffensive Phase V (1 July - 1 November 1968) and Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) campaigns. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 5th Battalion, 4th Artillery Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 26 August 1968 to 2 November 1968, by Department of the Army General Orders Number 43, dated 1970. 3. AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service (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. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. DISCUSSION: 1. The applicant served in Vietnam from on or about 27 July 1968 to on or about 8 January 1969, completing 5 months and 11 days of foreign service. Qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960) included assignment in Vietnam for 6 months or more. As he completed 5 months and 11 days of service in Vietnam, it appears he does not meet the criteria for this award. 2. He qualified with his weapon and appears to have been awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), albeit on an unknown date. This badge does not appear on his DD Form 214. 3. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period coinciding with his assignment to the unit. This unit award does not appear on his DD Form 214. 4. The applicant was awarded the Vietnam Service Medal. He also participated in two campaigns while serving in Vietnam and is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 5. He appears to meet the criteria for award of the Army Good Conduct Medal (1st Award) based on: * completion of 1 year, 11 months, and 22 days of active service, including 5 months and 11 days of service in Vietnam * attaining the rank/grade of SP4/E-4 and having no derogatory information on file * receiving "excellent" conduct and efficiency ratings throughout his military service //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000495 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000495 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2