BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160003662 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: 21 September 2017 DOCKET NUMBER: AR20160003662 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 (1st Award) for service from 2 September 1960 through 30 August 1963 * amending his DD Form 214 by adding in – * item 26, the Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal with one bronze service star, and Korea Defense Service Medal * item 32, the entry "Vietnam Service: 20 May 1962 to 29 September 1962" 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 the Vietnam Campaign Medal. _____________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: 21 September 2017 DOCKET NUMBER: AR20160003662 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 Vietnam service and award of the Vietnam Service Medal and Vietnam Campaign Medal. 2. The applicant states he served in Vietnam, but his DD Form 214 does not reflect his Vietnam service or campaign medals. 3. The applicant provides his DD Form 214. 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 for a 3-year term on 2 September 1960. He held military occupational specialty 631.10 (Wheel Vehicle Mechanic). 3. He served in Korea from 27 January 1962 to 11 February 1963. He was assigned to Battery C, 4th Missile Battalion, 44th Artillery. 4. While in Korea, he departed his unit in a temporary duty (TDY) status, and served 4 months and 10 days in Vietnam, with Headquarters and Headquarters Detachment, 39th Signal Battalion, as follows: * he departed Inchon, Korea, on 16 May 1962 and arrived in Saigon, Vietnam, on 20 May 1962 * he departed Saigon, Vietnam, on 29 September 1962 and arrived back in Korea the same day 5. He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 30 August 1963. His DD Form 214 shows he completed 2 years, 11 months, and 28 days of active service. It also shows in: * Item 24c (Foreign and/or Sea Service), 1 year, 1 month, and 3 days * Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the Marksman Marksmanship Qualification Badge with Rifle Bar 6. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. However, his records do not contain orders awarding him the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides for the following awards: a. 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. b. The Vietnam Service Medal is awarded 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. Approved campaigns (during his service) include the Vietnam Advisory Campaign (15 March 1962 - 7 March 1965). c. 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 d. The Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual. No person will be entitled to both awards for Vietnam service. e. 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. 2. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to: * Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 * Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 3. Army Regulation 672-5-1 (Decorations and 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. 4. Army Regulation 635-5 (Separation Documents), then in effect, provided instruction for completing the DD Form 214. At the time of the applicant's service, there was no requirement to record a Soldier's period of service in Vietnam in the remarks block of the DD Form 214. The regulation was later amended to require an entry in the remarks block documenting a Soldier's period of service in Vietnam. DISCUSSION: 1. The applicant served on active duty from 2 September 1960 to 30 August 1963. During his active service, he served in Korea from 9 January 1962 to 11 February 1963. Also, while in Korea, he served in Vietnam in a TDY status from 20 May to 29 September 1962, a period of 4 months and 10 days: a. He served a qualifying period of service for award of the National Defense Service Medal (1 January 1961 and 14 August 1974). This award is not shown on his DD Form 214. b. The Korea Defense Service Medal is awarded for qualifying service in Korea from 28 July 1954 to a date to be determined by the Secretary of Defense. He served in Korea during a qualifying period of service for award of the Korea Defense Service Medal which is not shown in his records. c. The Armed Forces Expeditionary Medal is awarded for qualifying service in Vietnam from 1 July 1958 and 3 July 1965. He meets the criteria for this award. Nevertheless, since he meets the criteria for this award and since members qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) are qualified for award of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal, he is clearly eligible for award of the Vietnam Service Medal. Additionally, he participated in one campaign and is eligible for one bronze service star with the Vietnam Service Medal. d. The Republic of Vietnam Campaign Medal with Device (1960) was awarded 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. He did not serve the required 6 months in Vietnam and he was neither wounded as a result of hostile action nor was he captured by hostile forces. e. He appears to have met the criteria for award of the Army Good Conduct Medal in that he completed 2 years, 11 months, and 28 days of active service; attained the rank/grade of SP5/E-5; served in Korea and Vietnam; and received all "excellent" conduct and efficiency ratings throughout his service. 2. The applicant served in Vietnam in a TDY status from 20 May to 29 September 1962, a period of 4 months and 10 days. This foreign service is included in the total foreign service in item 24c of his DD Form 214. The regulation governing preparation of the DD Form 214 was amended after the applicant's service to require entry of a Soldier's period of service in Vietnam in the remarks block of the DD Form 214. The change in the regulation provides an equitable basis for adding such an entry to item 32 (Remarks) of the applicant's DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003662 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003662 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2