IN THE CASE OF: BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160003809 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 IN THE CASE OF: BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160003809 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. awarding him the Army Good Conduct Medal (1st Award) for the period 25 June 1968 through 12 February 1971; b. deleting the Vietnam Service Medal with bronze service star from his DD Form 214 for the period ending 12 February 1971; c. adding to item 24 of his DD Form 214 for the period ending 12 February 1971 the Army Good Conduct Medal (1st Award), Meritorious Unit Commendation, Vietnam Service Medal with three bronze service stars, and the RVN Gallantry Cross with Palm Unit Citation; and d. adding to item 30 of his DD Form 214 the entry "Service in Vietnam from 31 May to 22 September 1970." ______________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: 24 October 2017 DOCKET NUMBER: AR20160003809 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his foreign service in the Republic of Vietnam (RVN). 2. He states, in effect, that he was exposed to Agent Orange and suffers from post-traumatic stress disorder (PTSD) because of his RVN service. 3. He provides his DD Form 214 for the period ending 27 February 1969. 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 on 25 June 1968 and he was honorably discharged on 27 February 1969. He immediately reenlisted on 28 February 1969. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service) he served in Germany from 5 December 1968 to 14 April 1970 and later in the RVN from 31 May to 22 September 1970. b. Item 38 (Record of Assignment) he was assigned to duty in the RVN with the 23rd Supply and Transport Battalion. c. Item 38, where recorded, he received all "excellent" conduct and efficiency ratings. d. Item 41 (Awards and Decorations) no entry for award of the Army Good Conduct Medal. There is no evidence of significant disciplinary actions against the applicant or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. 4. He was honorably released from active duty on 12 February 1971 in the grade of specialist four (SP4/E-4). He completed 2 years, 7 months, and 16 days of net active service. His DD Form 214 for this period shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with bronze service star * RVN Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 5. This form further shows in: * Item 22c (Foreign and/or Sea Service) he completed 1 year, 8 months, and 2 days of foreign service, with the last assignment in "USARPAC" (U.S. Army Pacific) * item 30 (Remarks) no entry for his RVN service REFERENCES: 1. 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 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 2. Army Regulation 600-8-22 (Military Awards) states 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. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during the applicant’s service in the RVN he participated in the Vietnam Winter-Spring, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit was awarded the: a. Meritorious Unit Commendation in Department of the Army General Orders (DAGO) Number 32, dated 1973, for the period 1 September 1969 to 31 January 1971. b. RVN Gallantry Cross with Palm Unit Citation in DAGO Number 42, dated 1972, for the period 31 March to 30 June 1970. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance for preparation of the DD Form 214. It stated item 22c would show the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., USARPAC. Furthermore, the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in item 30. DISCUSSION: 1. The applicant requests his DD Form 214 be corrected to show his foreign service in the RVN. 2. He served in the RVN from 31 May to 22 September 1970. Regulatory guidance in effect at the time stated to enter the dates of service in the RVN in Item 30 of the DD Form 214. 3. He received "excellent" conduct and efficiency ratings for each duty assignment. The evidence indicates he met the criteria for award of the Army Good Conduct Medal for the period from 25 June 1968 to 12 February 1971. 4. He was awarded the Vietnam Service Medal with bronze service star. However, he participated in three campaigns while serving in the RVN and he is authorized three bronze service stars for wear with his Vietnam Service Medal. These service stars are not shown on his DD Form 214. 5. General orders awarded his unit the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation, which are not shown on his 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) AR20160003809 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003809 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2