BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160000747 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: 23 May 2017 DOCKET NUMBER: AR20160000747 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 adding the following to the applicant’s DD 214: a. Item 22c, annotating the text “USARPAC” after the words “Foreign and / or Sea Service” and listing his foreign service of 3 months and 11 days in the proper columns. b. Item 30, adding a the remark “Vietnam Service: 18 October 1969 to 28 January 1970” c. Item 24, adding the following: * Meritorious Unit Commendation * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) __________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: 23 May 2017 DOCKET NUMBER: AR20160000747 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: * His foreign service in the Republic of Vietnam (RVN) * His service medals and badges 2. The applicant states he had to leave the RVN because of a family emergency. The result was that his foreign service and medals were not recorded on his DD Form 214. 3. The applicant provides a copy of page 3 of his 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. On 1 April 1969, the applicant enlisted in the Regular Army. He completed his initial training as a communications center specialist. 3. Special Orders (SO) Number 94, Fort Jackson, South Carolina, dated 9 May 1969, announced the applicant’s award of the Marksmanship Qualification Badge with Rifle Bar (M-16). 4 On 17 September 1969, the applicant departed Fort Ord, California, for duty in the RVN. 5. On 18 October 1969, the applicant was assigned for duty as a communication center specialist with the 509th Radio Research Group. 6. Letter Order Number 1-50-70, 509th Radio Research Group, dated 28 January 1970, announced the applicant’s authorized emergency leave for 30 days effective that same day. 7. First indorsement, subject: Hardship Discharge, Fort Jackson, South Carolina, dated 11 March 1970, states the applicant was approved for separation under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 6. 8. On 20 March 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, MO. His DD Form 214 shows: * 11 months and 20 days of creditable active duty service * Zero foreign Service * National Defense Service Medal REFERENCES: 1. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided: a. for enlisted personnel that all active duty outside 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, e.g. “foreign and or Sea Service (USARPAC).” b. that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the DA Form 66 (Officer Qualification Record), or the DA Form 20 (Enlisted Qualification Record) are to be entered in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). c. that on or after 5 August 1964 dates of service for Vietnam were to be entered in Remarks. 2. Army Regulation 600-8-22 (Military Awards): 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 1 or more days with an organization participating in or directly supporting military operations. b. Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following two campaign periods: the Vietnam Summer-Fall 1969 and the Vietnam Winter-Spring 1970. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows that the 509th Radio Research Group, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated in 1972, for award of the Meritorious Unit Commendation; and in DAGO Number 6, dated in 1974 for award of the RVN Gallantry Cross with Palm Unit Citation. DISCUSSION: 1. The evidence of record shows the applicant served in the RVN from 18 October 1969 to 28 January 1970 (3 months and 11 days). However, his dates of service in the RVN are not reflected in items 22c (Foreign and / or Sea Service) and 30 (Remarks). 2. The evidence of record shows the applicant served a qualifying period of service in the RVN for award of the Vietnam Service Medal. It also shows that he participated in two campaigns during this period making him eligible for award of two bronze service stars. His DD 214 does not reflect these awards. 3. DAGO awarded the applicant’s unit in Vietnam the Meritorious Unit Commendation and RVN Gallantry Cross with Palm Unit Citation. These awards are not reflected on his DD Form 214. 4. SO awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). This Badge is not reflected 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) AR20160000747 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000747 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2