BOARD DATE: 12 September 2017 DOCKET NUMBER: AR20160003022 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: 12 September 2017 DOCKET NUMBER: AR20160003022 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 amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 13 April 1966 by adding the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal) 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 correcting the applicant's record to show he was awarded or authorized the Army Achievement Medal, the Vietnam Service Medal, or the Army 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: 12 September 2017 DOCKET NUMBER: AR20160003022 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) for the period ending 13 April 1966 to show he was awarded or authorized the Army Achievement Medal, National Defense Service Medal, Vietnam Service Medal, and Army Service Ribbon. 2. The applicant states, in effect: a. He served on active duty from 16 April 1964 through 13 April 1966, and he served in the U.S. Army Reserve (USAR) from 13 April 1966 through 4 June 1970. He served in the USAR Control Group from 4 June 1970 through 18 February 1971. He was on active and Reserve duty during the early period of the Vietnam conflict but was not ordered to report for duty in Vietnam. b. He previously requested a review concerning his eligibility for the Korea Defense Service Medal, which was approved. He was not aware that he may be eligible for the aforementioned awards until he did some research on the internet. He believes all the medals, except the Vietnam Service Medal, are approved for all who served on military duty. 3. The applicant provides a self-authored statement and the following: * DD Form 214, for the period ending 13 April 1966, with DD Form 215 (Correction to DD Form 214), dated 8 February 2013 * Army Board for Correction of Military Records (ABCMR) decision letter pertaining to Docket Number AR20120019494, dated 6 February 2013, with supporting documents 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 appointed as a Reserve commissioned officer of the Army on 20 March 1964. Orders A-03-353, dated 17 March 1964, show he was ordered to active duty with assignment to the 176th Replacement Company, 38th Replacement Battalion in the Republic of Korea, reporting no later than 16 April 1964. 3. The applicant entered active duty on 14 April 1964. His initial duty assignment was in the Republic of Korea. 4. Following the completion of his overseas service in the Republic of Korea, the applicant was assigned to Fort Bragg, NC. 5. Special Orders Number 35, issued by Headquarters, 36th Transportation Battalion (Truck), Fort Bragg, NC on 4 March 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal). 6. The applicant was honorably released from active duty on 13 April 1966 and was transferred to the USAR Control Group. His DD Form 214 shows he completed 2 years of net active service. His DD Form 214 does not show any awards or authorized decorations. 7. A DD Form 215, dated 8 February 2013, amended his DD Form 214 by adding the Korea Defense Service Medal. 8. The applicant's record is void of documentation showing he served in the Republic of Korea or that he was awarded or authorized the Army Achievement Medal, the Vietnam Service Medal, or the Army Service Ribbon. 9. The applicant provides: a. Letter Orders Number 02-1018917, published on 17 February 1971, which honorably discharged him from the USAR effective 18 February 1971. b. A DD Form 256A (Honorable Discharge Certificate), which shows he was honorably discharged on 18 February 1971. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. The Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal. c. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. Service members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award. d. The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981 and it is awarded to Service members of the U.S. Army for successful completion of initial entry training. Effective 1 August 1981, all members of the Active Army, Army National Guard (ARNG), and USAR in an active Reserve status are eligible for this award. Officers will be awarded this ribbon upon successful completion of their basic and/or orientation or higher level course. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It provided that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant served honorably on active duty from 14 April 1964 through 13 April 1966. This service occurred during a period of qualifying service for the National Defense Service Medal; however, his DD Form 214 does not show this service award. 2. Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal). These marksmanship qualification badges are not shown on his DD Form 214. 3. The Army Achievement Medal was authorized on or after 1 August 1981, for members of the Armed Forces of the United States, who while serving in a noncombat area, distinguished themselves by meritorious service or achievement. There is no evidence in the applicant's records that he served during a qualifying period for award of the Army Achievement Medal. 4. The Vietnam Service Medal was authorized for all members of the Armed Forces of the United States who served a qualifying period of service in the Republic of Vietnam. The applicant's record is void of evidence showing he served in Vietnam. 5. The Army Service Ribbon is authorized for officers who successfully completed their basic and/or orientation or higher level course on or after 1 August 1981. It was only retroactive for those personnel who completed the required training prior to 1 August 1981, if they were serving in an active status on or after 1 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) AR20120019494 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003022 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2