IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160002728 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 IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160002728 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 amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows: a. amending item 22c (Foreign and/or Sea Service) to show 1 year, 6 months, 22 days; b. amending item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show the awards listed below: * Army Commendation Medal with "V" Device (First Oak Leaf Cluster) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Korea Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar c. amending item 30 (Remarks) to show Vietnam Service: 27 January 1969 to 14 January 1970 and Service in 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. IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160002728 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 service in Vietnam from January 1969 to January 1970. 2. The applicant states he believes his DD Form 214 is erroneous because of clerical errors. 3. The applicant provides: * DD Form 214, dated 15 July 1971 * Headquarters, 9th Infantry Division General Orders Number 6517, dated 8 June 1969 * Headquarters, 9th Infantry Division General Orders Number 8936, dated 7 July 1969 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 on 15 July 1968 and he completed training as a marine engineer. 3. The applicant's records show he arrived in Vietnam on or about 27 January 1969. He was assigned to the 1097th Transportation Company. He participated in four campaigns. * Vietnam Counteroffensive, Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969 * Tet 69 Counteroffensive Campaign, which extended from 23 February through 8 June 1969 * Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969 * Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970 4. Headquarters, U.S. Army Support Command, Saigon, General Orders Number 184 were published on 31 January 1970 awarding him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force from January 1969 to January 1970 while in the Republic of Vietnam. 5. On 8 June 1969, Headquarters, 9th Infantry Division, General Orders Number 6517 were published awarding the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 12 April 1969. 6. On 7 July 1969, Headquarters, 9th Infantry Division, General Orders Number 8936 were published awarding the applicant the Bronze Star Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from April 1969 to June 1969. 7. On 14 January 1970, the applicant departed Vietnam en-route to the United States. 8. The applicant's DA Form 20 (Enlisted Qualification Record) shows he arrived in Korea on 11 December 1970. He departed Korea en-route to the United States on 14 July 1971. 9. His DD Form 214 shows he was honorably released from active duty on 15 July 1971 as an overseas returnee. Item 22c (Foreign and/or Sea Service) shows 7 months and 4 days. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show he was awarded the Army Commendation Medal with "V" Device. It does show the following awards: * National Defense Service Medal * Armed Forces Expeditionary Medal (Korea) * Army Commendation Medal * Bronze Star Medal 10. Item 30 (Remarks) on his DD Form 214 does not show his Vietnam service. REFERENCES: 1. Army Regulation 635-5 (Personnel Separation/Separation Documents) governed the preparation of the DD Form 214. The regulation in effect at the time provided: a. The total active service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c. This regulation also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries "Yes" or "No" for service in Indochina and Korea. b. Item 24 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. This regulation further states that certificates of achievement, letters of commendation, and similar documents are not recorded on the DD Form 214. 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. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. b. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal. c. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. d. 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. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. e. The marksmanship qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows: a. The unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January to June 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969. b. The unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 59, dated 1969. DISCUSSION: 1. The available evidence shows the applicant served in Vietnam from 27 January 1969 to 14 January 1970 (11 months, 18 days); and in the Republic of Korea from 11 December 1970 to 14 July 1971 (7 months, 4 days). Total foreign service equaled 1 year, 6 months and 18 days. All of his foreign service should be reflected on his DD Form 214. 2. General orders announced the applicant’s award of the Bronze Star Medal and the Army Commendation Medal, which were omitted from his DD Form 214. His DD Form 214 does not show his service in Vietnam. Also, it fails to list all of these authorized awards and decorations: * Army Commendation Medal with "V" Device (First Oak Leaf Cluster) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Korea Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar /NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002728 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002728 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2