IN THE CASE OF: BOARD DATE: 16 January 2018 DOCKET NUMBER: AR20160004571 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: 16 January 2018 DOCKET NUMBER: AR20160004571 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. issuing a DD Form 215 (Correction to DD Form 214) to correct item 26 of his 11 January 1962 DD Form 214 by adding the "National Defense Service Medal" and b. issuing a DD Form 215 to correct item 24 of his 28 April 1972 DD Form 214 to delete all of the award entries and add the – * Army Commendation Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with 1 Silver Service Star * Republic of Vietnam Campaign Medal with Device (1960) * Valorous Unit Award * Meritorious Unit Commendation (1st Oak Leaf Cluster) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar * 4 Overseas Service Bars ___________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: 16 January 2018 DOCKET NUMBER: AR20160004571 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 Valorous Unit Award. 2. The applicant states that he served in the Republic of Vietnam (RVN) and he was a member of the 299th Engineer Battalion when the unit was cited for award of the Valorous Unit Award. However, the unit award is not recorded on his DD Form 214. 3. The applicant provides copies of the following documents – * his DA Form 66 (Officer Qualification Record) * Headquarters, U.S. Army Vietnam (USARV), General Orders (GO) Number 839, dated 8 April 1970 * 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 had prior honorable enlisted service in the Army National Guard of the United States from 18 February 1957 through 30 December 1959. He also had prior honorable active duty enlisted service in the Regular Army (RA) from 31 December 1959 through 4 August 1966. 3. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in – * item 29 (Qualification in Arms): Rifle (M-1), Marksman, 14 July 1961 * item 31 (Foreign Service) – * Italy from 14 January 1961 through 22 December 1963 * Germany from 6 May 1965 through 5 February 1966 * item 41 (Awards and Decorations) – * First Class (Sharpshooter) Marksmanship Qualification Badge, 26 March 1963 * Second Class (Marksman) Marksmanship Qualification Badge, 27 August 1962 * Army Good Conduct Medal * National Defense Service Medal 4. A DD Form 214 shows he entered active duty this period on 31 December 1959 and he was honorably discharged on 11 January 1962 to reenlist in the RA. He had completed 2 years and 11 days of net active service this period; 2 years, 10 months, and 12 days of other service; and 4 years, 10 months, and 23 days of total service. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle (M-1) Bar. 5. Headquarters, 3rd Battalion, 84th Artillery, Fort Sill, OK, GO Number 4, dated 28 January 1965, awarded the applicant the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity for the period 28 January 1962 to 28 January 1965. 6. A DD Form 214 shows he entered active duty this period on 12 January 1962 and he was honorably discharged on 4 August 1966 to accept a commission as an officer in the U.S. Army. He had completed 4 years, 6 months, and 23 days of net active service this period; 6 years, 7 months, and 4 days of total active service; and 9 years, 5 months, and 26 days of total service. It also shows in item 26 the – * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar * National Defense Service Medal 7. The applicant was appointed as a Reserve commissioned officer of the Army, in the rank of second lieutenant (combat engineer), and entered active duty on 5 August 1966. 8. His DA Form 66, in pertinent part, shows in – * item 12 (Appointments), he was promoted to – * first lieutenant on 5 August 1967 * captain on 5 August 1968 * item 17 (Foreign Service) – * Italy from 14 January 1961 through 22 December 1963 * Germany from 6 May 1965 through 5 February 1966 * Vietnam – * from 3 October 1966 through 26 September 1967 * from 18 June 1969 through 31 May 1970 * item 18 (Record of Assignments) – * 56th Combat Support Company, USARV, from 24 October 1966 through 13 February 1967 * 588th Transportation Company, USARV, from 14 February 1967 through 25 June 1967 * 31st Supply Company, USARV, from 26 June 1967 through 25 September 1967 * Headquarters, 299th Engineer Battalion (Combat), USARV, from 23 June 1969 through 5 October 1969 * Company D, 299th Engineer Battalion (Combat), USARV, from 6 October 1969 through 22 March 1970 * Headquarters, 299th Engineer Battalion (Combat), USARV, from 23 March 1970 through 27 May 1970 * item 21 (Awards and Decorations) – * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * 3 Overseas Service Bars * RVN Campaign Medal with Device (1960) * Army Commendation Medal * item 22 (Campaigns) – * Vietnam Counteroffensive Phase II * Vietnam Counteroffensive Phase III * Vietnam Summer - Fall 1969 * Vietnam Winter - Spring 1970 * item 23 (Qualification in Arms) – * Rifle (M-14), Expert, 3 May 1966 * Rifle (M-16), Expert, 22 December 1968 9. A DA Form 67-6 (Officer Evaluation Report) for the period 10 May 1969 to 2 September 1969 shows that the applicant served in the principal duty of S-3 and he was assigned to Headquarters, 299th Engineer Battalion (Combat). 10. A DD Form 214 shows he entered active duty this period on 5 August 1966, was honorably released from active duty on 28 April 1972, and transferred to the U.S. Army Reserve (USAR) Control Group (Standby). He completed 5 years, 8 months, and 24 days of net active duty service this period; 12 years, 3 months, and 28 days of total active service; and 15 years, 2 months, and 11 days of total service. The DD Form 214 shows the – * Army Commendation Medal * RVN Campaign Medal with Device (1960) * Vietnam Service Medal * 3 Overseas Service Bars * National Defense Service Medal * Army Good Conduct Medal 11. In support of his request the applicant provides a copy of Headquarters, USARV, GO Number 839, dated 8 April 1970, that awarded elements of the 299th Engineer Battalion (Combat) and its attached units the Valorous Unit Award for extraordinary heroism while engaged in military operations during the period 9 May 1969 to 1 July 1969. The GO lists the attached units as: * Headquarters and Headquarters Company (HHC), 299th Engineer Battalion (Combat) * Company A, 299th Engineer Battalion (Combat) * Company D, 299th Engineer Battalion (Combat) * 15th Engineer Company (Light Equipment) 12. A request for review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to return any additional award orders pertaining to the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. 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 (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. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. One (1) silver service star may be worn on the VSM in lieu of five (5) bronze service stars. c. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns – * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968) * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May - 30 June 1970) d. An Oak Leaf Cluster is awarded to denote a second and each succeeding award of certain decorations, among which (during the period of service under review) includes the Meritorious Unit Commendation. e. For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar. f. The Marksmanship Qualification Badge is awarded to indicate the degree (i.e., Expert, Sharpshooter, and Marksman) in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists awards received by units serving in Vietnam. a. It shows that during the applicant's period of assignment to – * Headquarters, 299th Engineer Battalion, the unit was cited in Department of the Army General Orders (DAGO) – * Number 43 (1970) for award of the Valorous Unit Award for the period 9 May 1969 to 1 July 1969 * Number 6 (1974) for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 May 1970 to 30 April 1971 * 31st Supply Company, the unit was cited in DAGO Number 54 (1968) for award of the Meritorious Unit Commendation for the period 20 July 1966 to 1 July 1967 * 56th Combat Support (Supply) Company, the unit was cited in DAGO Number 67 (1968) for award of the Meritorious Unit Commendation for the period 1 January 1967 to 1 March 1968 b. The pamphlet also shows DAGO Number 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, USARV and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. Records show the applicant served a continuous period of honorable active duty service (as an enlisted Soldier and as a commissioned officer) from 31 December 1959 through 28 April 1972. 2. The evidence of record shows: a. the applicant qualified for award of the National Defense Service Medal during his initial period of honorable active duty enlisted service; b. The applicant served in Vietnam from – * 3 October 1966 through 26 September 1967 * 18 June 1969 through 31 May 1970 (1) He qualified for award of the VSM, he participated in five campaigns during two tours of service in Vietnam, and he is authorized five bronze services stars (or one silver service star) for wear on his already-awarded VSM. (2) The evidence of record shows one Overseas Service Bar is authorized for each period of 6 months active Federal service in Vietnam and that both the month of arrival and the month of departure are counted as whole months for credit toward the Overseas Service Bar. (3) Based on the regulatory guidance and the evidence of record, for the purposes of authorizing the Overseas Service Bar, the applicant served a total of 24 months during his two tours of duty in Vietnam, which equates to authorization of four (4) Overseas Service Bars. c. Department of the Army General Orders awarded his units the – * Valorous Unit Award * Meritorious Unit Commendation (1st Oak Leaf Cluster) * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation d. The applicant qualified as Expert with the Rifle (M-14 and M-16) and he is authorized the Expert Marksmanship Qualification Badge with Rifle Bar. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004571 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2