BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160001032 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: 16 May 2017 DOCKET NUMBER: AR20160001032 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 23 September 1966 through 26 September 1968; and b. adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation _____________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: 16 May 2017 DOCKET NUMBER: AR20160001032 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards he is authorized. 2. The applicant states his military record shows he was awarded the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960) and the Expert Marksmanship Qualification Badge with Rifle Bar; however, they are not listed on his DD Form 214. 3. The applicant provides: * DD Form 214 * DD Form 47 (Record of Induction) * DA Form 20 (Enlisted Qualification Record) * DA Form 20B (Insert Sheet to DA Form 20) * Letter Orders Number 02-1019288 * a letter 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 23 September 1966. He completed training and he was awarded military occupational specialty 64B (Heavy Vehicle Driver). 3. His DA Form 20 shows he was assigned to the Republic of Vietnam from 28 January to 1 October 1968 and he served with Headquarters and Headquarters Troop, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division. 4. Special Orders Number 203, issued by Headquarters, 2nd Training Brigade on 10 November 1966 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 5. Special Orders Number 45, issued by 1st Armored Division (Old Ironsides) on 1 March 1967 awarded him the Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar. 6. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. His record does not contain any derogatory information or a commander's disqualification that would have precluded him from receiving the initial award of the Army Good Conduct Medal for the period 23 September 1966 through 26 September 1968. 7. On 26 September 1968, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal. REFERENCES: 1. Army Regulation 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 completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) states: 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. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: * Tet Counteroffensive (30 January – 1 April 1968) * Vietnam Counteroffensive, Phase IV (2 April – 30 June 1968) * Vietnam Counteroffensive, Phase V (1 July – 1 November 1968) 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. 3. Department of the Army General Orders Number 8, dated 1974, awarded 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. DISCUSSION: 1. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar, which were not entered on his DD Form 214. 2. The evidence of record confirms he served honorably during the period 23 September 1966 through 26 September 1968. His record does not contain a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award), and he was honorably released from active duty. As such, it appears he meets the regulatory criteria for award of the Army Good Conduct Medal (1st Award). 3. The evidence confirms he served a qualifying period of service for entitlement to the Vietnam Service Medal. He also participated in three campaigns during his service in Vietnam. The Vietnam Service Medal with three bronze service stars was not entered on his DD Form 214. 4. In addition, he served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960) and general orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period coinciding with his period of assignment. These awards were not entered 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) AR20160001032 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001032 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2