BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160002971 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: 28 November 2017 DOCKET NUMBER: AR20160002971 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 him the Army Good Conduct Medal for the period 14 September 1965 to 6 September 1967 * Adding to his DD Form 214: * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit Commendation (2nd Award) 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: * Presidential Unit Citation * Overseas Service Ribbon _____________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: 28 November 2017 DOCKET NUMBER: AR20160002971 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 the Vietnam Campaign Medal, Vietnam Service Medal, Overseas Service Ribbon, Army Commendation Medal, and Presidential Unit Citation. 2. The applicant states he served in Vietnam from 1966-1967 at Camp Long Binh; however, these awards were omitted from his DD Form 214. 3. The applicant provides: * DD Form 214 * Special Orders Number 101, dated 6 June 1967, Headquarters, 303rd Radio Research Battalion * Department of Veterans Affairs claim adjudication, dated 15 January 2016 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’s military records show he was inducted into the Army of the United States on 14 September 1965. He was awarded military occupational specialties 05B (Radio Operator) and 05C (Radio Teletype Operator). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 23 November 1966 to 5 September 1967 during two campaigns. He was assigned to the 856th Radio Research Detachment. 4. He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 6 September 1967 and he was transferred to the U.S. Army Reserve Control Group. His DD Form 214 shows he completed 1 year, 11 months, and 23 days of active service, of which 9 months and 13 days was foreign service. He was awarded or authorized the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 5. General Orders (GO) Number 5145, issued by Headquarters, U.S. Army Vietnam, on 8 October 1967, awarded the applicant the Army Commendation Medal for meritorious service from August 1966 to September 1967. 6. The applicant provides a Department of Veterans Affairs letter, dated 15 January 2016. 7. The applicant's records do not show he was awarded the Army Good Conduct Medal. Additionally, his records show no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states 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. 2. Army Regulation 600-8-22 states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, campaign participation credit was awarded for the following two campaigns. * Vietnam Counteroffensive, Phase II, 1 July 1966—31 May 1967 * Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968 3. Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. 4. Army Regulation 600-8-22 states the Presidential Unit Citation is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 5. 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. There must have been no convictions by a court-martial. 6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during the applicant's service with 856th Radio Research Detachment in Vietnam, from November 1966 to September 1967, his unit was awarded the: * Meritorious Unit Commendation for service from 1 June 1966 to 31 July 1967 by Department of the Army GO (DAGO) Number 17, dated 1968 * Meritorious Unit Commendation for service from 1 August 1967 to 31 July 1968 by DAGO Number 28, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 23 November 1966 to 5 September 1967 by DAGO Number 8, dated 1974 DISCUSSION: 1. The applicant served in Vietnam from 23 November 1966 to 5 September 1967, a period of 9 months and 13 days. a. The Republic of Vietnam Campaign Medal with Device (1960) was awarded for qualifying service in Vietnam from 1 March 1961 to 28 March 1973. He completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal. This award is not shown on his DD Form 214. b. The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. He completed a qualifying period of service for award of the Vietnam Service Medal with two bronze service stars. This award is not shown on his DD Form 214. c. He appears to have met the criteria for award of the Army Good Conduct Medal in that he completed 1 year, 11 months and 23 days of active service, attained the rank/grade of SGT/E-5, served in Vietnam and received all “excellent” conduct and efficiency ratings throughout his service. d. GO awarded him the Army Commendation Medal; this award is not shown on his DD Form 214. e. GO awarded the unit to which he was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Meritorious Unit Citation. None of these unit awards is listed on his DD Form 214. 2. The Presidential Unit Citation (PUC) is awarded for extraordinary heroism in action. His unit was not awarded the Presidential Unit Citation during his assignment to that unit and he was not assigned to any other unit awarded or authorized the Presidential Unit Citation. 3. The Overseas Service Ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. The applicant was not in an active status after August 1981. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002971 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002971 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2