BOARD DATE: 16 January 2018 DOCKET NUMBER: AR20160004486 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: 16 January 2018 DOCKET NUMBER: AR20160004486 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 (1st Award) for the period 12 November 1963 through 11 November 1965. b. adding the following awards to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation c. adding the entry "Vietnam – 17 August 1965 through 8 November 1965, Indochina – Yes, Korea – No" to item 32 of his DD Form 214. 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 with Device (1960). _________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: 16 January 2018 DOCKET NUMBER: AR20160004486 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 the Vietnam Service Medal (VSM) and the Vietnam Campaign Medal with Device (1960) (VCM). In addition, he wants his period of service in Vietnam listed in item 32 (Remarks). 2. The applicant states his VSM, VCM, and the dates he was in country (Vietnam) are not listed on his DD Form 214. He was denied enrollment for medical benefits from the Department of Veterans Affairs; he will also need this correction to receive other benefits. 3. The applicant provides a copy of his DD Form 214 and his DA Form 20 (Enlisted Qualification Record.) 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 12 November 1963 the applicant was inducted into the Army of the United States. After initial training and advanced initial training (AIT), he was awarded military occupational specialty 82C (Artillery Surveyor). 3. His DA Form 20 shows in: a. Item 31 (Foreign Service) – he served in the U. S. Army Pacific (USARPAC), Vietnam, for the period 17 August 1965 through 8 November 1965. b. Item 38 (Record of Assignments) – he was assigned to Headquarters Battery, 2nd Howitzer Battalion, 17th Field Artillery Regiment, U.S. Army, Vietnam (USARV) for the period 28 May 1964 through 8 November 1965. His unit conducted a unit permanent change of station to Vietnam on or about 17 August 1965 4. Item 38 of his DA Form 20 also shows he received all "excellent" conduct and efficiency ratings except for one "Good" rating during AIT. His record does not contain any derogatory information or a commander's disqualification that would have precluded him from receiving the initial award of the Army Good Conduct Medal (AGCM) for the period 12 November 1963 through 11 November 1965. 5. On 11 November 1965, the applicant was honorably released from active duty upon the expiration of his term of service and was transferred to the U.S. Army Reserve for completion of his Reserve obligation. His DD Form 214 shows the following information: a. Item 24a (Net Service This Period) – he completed 2 years, b. item 24c (Foreign and/or Sea Service (USARPAC) – he served 2 months and 23 days of foreign service, c. item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – "EXPERT (RIFLE)", and d. item 32 – does not show the location and specific dates of the applicant's foreign service. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The VSM 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 one or more days with an organization participating in or directly supporting military operations. This same regulation states, a bronze service star is authorized with the VSM award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns: * Vietnam Advisory Campaign (15 March 1962 – 7 March 1975) * Vietnam Defense Campaign (8 March 1965 – 24 December 1965) b. The VCM 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 for 6 months during the period 1 March 1961 through 28 March 1973. Qualifying service outside the geographical limits of the RVN required that the individual contributed direct combat support to the RVN and Armed Forces for 6 months. c. The National Defense Service Medal (NDSM) 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. 2. Army Regulation 672-5-1 (Awards), in effect at the time, states the AGCM 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. 3. Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded the RVN 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 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 4. Army Regulation 635-5 (Separation Documents), prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The version of the regulation in effect at the time of the applicant's service, stated for item 22c (and subsequently item 12f), enter the total period of active duty served outside of the continental limits of the United States for the period covered by the DD Form 214 and to enter the last overseas theater (e.g., USARPAC) in which the service was performed. 5. Change Number 15 to Army Regulation 635-5, effective 15 March 1972, changed the regulation to indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "yes" for Indochina. For example, to show service in Vietnam only, enter "Vietnam – 6 Apr 70 through 28 May 71, Indochina – Yes, Korea – No." DISCUSSION: 1. The evidence confirms the applicant he served a qualifying period of service for entitlement to the VSM. He also participated in two campaigns during his service in Vietnam, thus he is entitled to two bronze service stars to be affixed to his VSM. This award is not listed on his DD Form 214. 2. The evidence of record confirms he served honorably during the period 12 November 1963 through 11 November 1965. His record does not contain any information that would have precluded him from being recommended for or awarded the AGCM (1st Award), and he was honorably released from active duty. 3. The evidence of record shows the applicant was assigned in Vietnam during a period for which his unit was awarded the RVN Gallantry Cross with Palm Unit Citation. This award is not listed on his DD form 214. 4. The applicant served honorably during a qualifying period for award of the NDSM. This award is not listed on his DD Form 214. 5. The evidence clearly shows the applicant served in USARPAC – Vietnam from 17 August through 8 November 1965, a period of 2 months and 23 days. His DD Form 214 does not list his foreign service in Vietnam. 6. Although it was not until March 1972 that change number 15 to Army Regulation 635-5, authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no barrier to adding to the following to his DD Form 214, in item 32: "Vietnam – 17 August 1965 through 8 November 1965, Indochina – Yes, Korea – No." 7. The evidence of record shows the applicant served in the RVN for less than 6 months. Award of the VCM with Device (1960) with less than 6 months of service is not authorized unless a service member was wounded by hostile fire or captured by hostile forces. There is no evidence he met the criteria for this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004486 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004486 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2