BOARD DATE: 25 January 2018 DOCKET NUMBER: AR20160003607 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: 25 January 2018 DOCKET NUMBER: AR20160003607 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. Amending item 24 on his DD Form 214 for the period ending 14 October 1970, to show the 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, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. b. Amending item 30 on his DD Form 214 for the period ending 14 October 1970 by adding the phrases "Service in Indochina – Yes" and "Service in Vietnam from 3 August 1969 through 31 July 1970." c. Amending item 24 on his DD Form 214 for the period ending 13 September 1971 to show the Army Good Conduct Medal (1st Award), 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, and Republic of Vietnam Civil Actions Honor Medal First Class 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: 25 January 2018 DOCKET NUMBER: AR20160003607 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 of his authorized awards and service in Vietnam. 2. The applicant states: a. He served in Vietnam between August 1969 and August 1970. b. He was first stationed in Vung Tau (Vietnam) until his company (73rd Surveillance Airplane Company, 1st Aviation Brigade) moved to Long Thanh. c. He was stationed in Germany after his departure from Vietnam where he served for almost another year. d. His DD Form 214 only reflects his service in Germany. e. He was awarded several military occupational specialties (MOS) when he was on active duty. f. he was also awarded the Army Achievement Medal (2nd Award), Vietnam Campaign Medal, and Vietnam Service Medal. 3. The applicant provides: * Self-Authored Letter written to the Army Review Boards Agency (ARBA), dated 25 January 2016 (two copies) * DA Form 2-1 (Personnel Qualification Record – Part II) * Photographs * Letter, from Polk County Veterans Service Office, Balsam Lake, WI, dated 9 May 2016 * Airborne Course Certificate, dated 27 March 1969 * Vietnam Combat Certificate * Certificate of Appreciation, dated 13 September 1971 * Headquarters, 210th Aviation Battalion (Combat) Special Orders Number 104, dated 15 April 1970 * DD Forms 214, dated 14 October 1970 and 13 September 1971 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 (RA) on 11 September 1968. He completed the training requirements and he was awarded military occupational specialist 43E (Parachute Rigger). He arrived in Vietnam on 3 August 1969 and it appears he was assigned to the 73rd Aviation Company (Surveillance Airplane). 3. He participated in the following four campaigns: * 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 * Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970 * Vietnam Counteroffensive, Phase VII Campaign, which extended from 1 July 1970 through 30 June 1971 4. The applicant departed Vietnam on 31 July 1970. He arrived in Germany on 14 September 1970. 5. On 14 October 1970, the applicant was honorably discharged for the purpose of immediate reenlistment. He completed 2 years, 1 month, and 4 days of net active service this period. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 he received for this period of service shows the following awards: * National Defense Service Medal * Parachutist Badge * Expert Marksmanship Qualification Badge (Rifle M-14) * Expert Marksmanship Qualification Badge (Rifle M-16) 6. The applicant's Vietnam service is not listed in item 30 (Remarks) on his DD Form 214. 7. He reenlisted in the RA on 15 October 1970. After completing 10 months and 29 days of net active service this period, he was honorably released from active duty by reason of physical disability on 13 September 1971, and he was placed on the Temporary Disability Retired List (TDRL). 8. The DD Form 214 he received for this period of service does not list any awards. 9. The applicant records show he enlisted in the Wisconsin Army National Guard (WIARNG) on 12 February 1977. He was discharged from the WIARNG on 4 November 1977 to accept an assignment in the United States Army Reserve (USAR). He enlisted in the USAR on 5 November 1977 and he served as a USAR member until he was discharged on 4 November 1980. 10. The applicant reenlisted in the USAR on 19 October 1984. 11. On 20 March 1985, Headquarters, 205th Infantry Brigade (Separate) (Light) Permanent Orders 9-18 were published awarding the applicant the Army Achievement Medal for meritorious service from 25 January through 10 February 1985. 12. On 4 August 1988, Headquarters, 205th Infantry Brigade (Separate) (Light) Permanent Orders 10-36 were published awarding the applicant the Army Achievement Medal for meritorious service from 1 August 1987 through 6 August 1988. 13. He continued to serve as a member of the USAR until he was honorably discharged on 3 June 1997. 14. Item 41 (Awards and Decorations) on the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant is authorized the following awards: * National Defense Service Medal * Expert Marksmanship Qualification Badge * Parachutist Badge * Republic of Vietnam Campaign Medal * Vietnam Service Medal * Two Overseas Service Bars 15. His DA Form 20 also shows he had all excellent conduct and efficiency ratings when he was in the RA. 16. A review of the available records fails to show the applicant was awarded additional MOSs while serving in the RA. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) governed the preparation of the DD Form 214. The regulation in effect at that time states: a. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. b. The information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214. c. Service on or after 5 August 1964 in Indochina and Korea will be shown in item 30 with the inclusive date of service in Vietnam and the entries "Yes" or "No" for service in Indochina and Korea. 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. 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. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty 3. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended 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. 4. 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 the unit to which the applicant was assigned was cited for the following awards: a. the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 to 10 October 1970 by Department of the Army General Order (DAGO) Number 52, dated 1971; and b. the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 to 20 April 1970 by DAGO Number 55, dated 1971. DISCUSSION: 1. The applicant received two awards of the Army Achievement Medal. However, they were not awarded to him until after he had been released from the RA. They are properly not reflected on his DD Forms 214 in accordance with the applicable regulation as they had not yet been awarded when the DD Forms 214 were created. 2. A review of the available records fails to show the applicant was awarded additional MOSs while he was in an active duty status. The MOS he was awarded is reflected on his DD Forms 214. 3. The applicant is authorized additional awards that are not currently reflected on either of his DD Forms 214. His DD Form 214 dated 14 October 1970 does not show his service in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003607 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003607 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2