IN THE CASE OF: BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160003085 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 IN THE CASE OF: BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160003085 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: a. awarding him the Army Good Conduct Medal for the period 26 April 1965 to 29 April 1968; b. showing in Item 22c of his DD Form 214 effective 29 April 1968: 1 year, 11 months, and 00 days; c. deleting from his DD Form 214, effective 29 April 1968, the Vietnam Service Medal and the Vietnam Campaign Medal; and adding: * Army Good Conduct Medal (First Award) * Meritorious Unit Commendation * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with 1960 Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Armed Forces Expeditionary Medal (Dominican Republic) 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 award of the Bronze Star Medal and additional foreign service. __________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: 15 November 2017 DOCKET NUMBER: AR20160003085 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) effective 29 April 1968 by: a. showing in Item 22c (Foreign and/or Sea Service): 27 months and 2 days; and b. showing in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): Armed Forces Expeditionary Medal (AFEM) and; if awarded, the Bronze Star Medal (BSM). 2. The applicant states he volunteered for and served in the Republic of Vietnam (RVN) with the 101st Airborne Division for one entire tour of duty in 1966-1967. He later returned to the RVN and served a 10-month tour in 1967-1968, totaling 22 months in the RVN. He contends that the 2 years of other service indicated on his DD Form 214 should be shown as foreign service. He also states that his warrant officer told him that he had been recommended for award of the BSM. 3. The applicant provides: * DD Form 214, effective 5 June 1964 (Member copy 1) * DD Form 214, effective 29 April 1968 (Member copy 1) 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 5 June 1962, the applicant was inducted into the Army of the United States. He completed his initial training as a field artilleryman. He subsequently completed the field artillery repairman course. 3. On 23 August 1963, the applicant accepted non-judicial punishment (NJP) for being absent without leave (AWOL) on 21-22 August 1963. 4. The applicant’s DA Form 24 (Service Record) shows: a. in Section 1 he was advanced through the ranks from private, pay grade E-1 to private first class, pay grade E-3 on 28 October 1963; b. in Section 2 all of his service was in the Continental United States (CONUS) and his conduct and efficiency ratings varied from excellent to good; c. in Section 6 he had 2 days of lost time during this period of service due to his being absent without leave (AWOL); and d. in Section 9 he was awarded: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 5. On 5 June 1964, the applicant was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). He had attained the permanent rank of private first class, pay grade E-3 and completed 2 years of creditable active duty service. The DD Form 214 for this period of service shows he completed active duty service and awards as discussed in the preceding paragraphs. 6. On 26 April 1965, the applicant enlisted in the Regular Army as a field artilleryman beginning in the rank of private, pay grade E-2. He was advanced to private first class, pay grade E-3 on 20 June 1965. 7. The applicant accepted the following NJP: a. 8 July 1965 for being AWOL during 1-6 July 1965; and b. 8 November 1965 for failure to obey a lawful order by leaving the compound without proper authority on 7 November 1965. 8. His DA Form 20 (Enlisted Qualification Record) shows: a. he served a total of 1 year and 11 months overseas during this period of service, as follows: * In the Dominican Republic from 25 July to 8 December 1965 ( 4 months and 14 days) * In the RVN from 29 July 1966 to 28 July 1967 (1 year and 1 month) * In the RVN from 9 November 1967 to 24 April 1968 (5 months and 16 days b. his awards included: * AFEM for service in the Dominican Republic * Parachutist Badge * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * RVN Campaign Medal with 1960 Device c. he attained the temporary rank of specialist five, pay grade E-5 effective 10 November 1966, which was made permanent on 10 November 1967; and d. he was assigned for duty with the 319th Artillery from 1 September 1967 to 24 April 1968, when he departed the RVN. e. he was honorably REFRAD on 29 April 1968. His DD Form 214 for this period of active duty service shows: * He completed 2 years of other service * He completed 5 months and 2 days of foreign service * He completed 3 years and 4 days of creditable active duty service * He held the permanent rank of specialist five, pay grade E-5 at the time of his REFRAD * He was awarded the Parachutist Badge, NDSM, VSM and the RVNCM REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It further required: a. 22a(2) (Other Service): Enter previously completed active duty service). b. Item 22c (Foreign and or Sea Service): Enter overseas service performed during the period covered by the DD Form 214. c. Item 24 (Decorations, Medals, Badges, Commendations, citations and Campaign Ribbons Awarded or Authorized): Enter all awards and decorations shown in the Soldier’s DA Form 20. 2. Army Regulation 600-8-22 (Military Awards) states: a. The BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. A formal recommendation, approved through the chain of command, and announced in orders was required. b. The VSM is awarded to all members of the U. S. Armed Forces for qualifying service in the RVN after 3 July 1965 through 28 March 1973. Appendix B this regulation shows the campaigns for Vietnam. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. During the applicant’s two tour in Vietnam he participated in four campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968) * Tet Counteroffensive (30 January 1968 to 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968) c. The RVN Campaign Medal with 1960 Device was awarded by the Government of Vietnam to members of the U. S. Armed Forces for qualifying service (6 months or longer) in Vietnam during the period 1 March 1961 through 28 March 1973. 3. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This publication shows that the 319th Artillery, during the time of the applicant's assignment, was cited in DA General Orders Number 22, dated in 1976, for award of the Meritorious Unit Commendation for the period 14 Mar 1968 to 3 Oct 1968. 4. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. Ratings of "unknown" for portions of the period under consideration are not disqualifying. 5. DA General Orders 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in the RVN to Headquarters, U.S. Army Vietnam and its subordinate units for the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant contends that his DD Form 214 for the period ending 29 April 1968 should be corrected to reflect that he served overseas for a total of 27 months and 2 days. He further contends that his AFEM should be added his DD Form 214 and if it was awarded he wants the BSM added as to the Form as well. 2. The available evidence shows that the applicant was inducted into active duty and served exactly 2 years from 5 June 1962 to 5 June 1964, allowing for 2 lost days due to AWOL. This service is properly recorded on his DD Form effective 5 June 1964; and is properly shown as other service on his subsequent DD Form 214, effective 29 April 1968. 3. The available evidence shows that the applicant’s first period of active duty was served entirely in the CONUS. During his subsequent period of active duty, he served in the Dominican Republic, and twice went to the RVN for a total of 1 year and 11 months of overseas service. However, his DD Form 214 for this period of active duty service incorrectly shows 5 months and 2 days of overseas service. His records do not support his contention that he served a longer period of 27 months and 2 days of foreign service. 4. The available evidence of record shows that the applicant was authorized the AFEM for his service in the Dominican Republic; however, this medal was not included on his DD Form 214. 5. A review of the applicant’s records shows that based on his unit assignments in the RVN, he is authorized the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation; and four bronze service stars for wear on his already awarded VSM. 6. A review of the applicant’s DD Form 214 effective 29 April 1968 shows his authorized award of the RVNCM; however, the 1960 Device was omitted. 7. The available evidence for the applicant’s first period of active duty service shows that he received NJP for being AWOL for 2 days. While this misconduct by itself was not sufficient to deny him award of the AGCM, his subsequent ratings of “good” in conduct and efficiency was disqualifying. 8. A review of the applicant’s records for his second period of active duty show he twice received NJP for misconduct. However, he subsequently was promoted to the rank of specialist five and received all excellent conduct and efficiency ratings for this entire period of service. His records do not contain any evidence of disqualifying misconduct. There is no evidence showing that the commander took any specific action to deny him the AGCM. 9. A review of the applicant’s records failed to show any evidence of his having been recommended for, or awarded, the BSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003085 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003085 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2